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Date: 03-13-2023
Case Style:
United States of America v. Marcus Kelly Smith
Case Number: 5:22-cr-00272
Judge: Joe Heaton
Court: United States District Court for the Western District of Oklahoma (Oklahoma County)
Plaintiff's Attorney: United States Attorney’s Office in Oklahoma City
Defendant's Attorney:
Description: Oklahoma City, Oklahoma criminal defense lawyer represented Defendant charged with conspiracy to possess with intent to distribute fentanyl and possession of a firearm after a felony conviction.
On July 5, 2022, a federal grand jury returned a two-count Indictment against Marcus Kelly Smith, age 38, of Oklahoma City. Count 1 charged Smith with drug conspiracy and Count 2 charged him with felon in possession of a firearm. On August 2, 2022, a Superseding Information charged Smith with one count of drug conspiracy and one count of felon in possession of a firearm. On November 1, 2022, Smith pleaded guilty to both counts of the Superseding Information.
Public records reflect that Smith had a lengthy criminal history. His criminal convictions include: Oklahoma County District Court cases CF-2012-5752 – aggravated assault and battery; CF-2012-297 – possession of a firearm after felony, possession with intent to distribute, and pointing a firearm; CF-2011-4239 – possession of controlled dangerous substance and assault and battery; CF-2011-4023 – possession of controlled dangerous substance; CF-2004-6983 – possession of a firearm after felony and possession of controlled dangerous substance; CF-2004-4415 – possession of a firearm after felony and pointing a firearm; CF-2004-1115 – possession of controlled dangerous substance with intent to distribute and acquiring drug proceeds; CF-2003-4500 – possession of controlled dangerous substance with intent to distribute; and Pottawattamie County District Court case CF-2000-67 – robbery with a dangerous weapon.
This case was the result of an investigation by the FBI Oklahoma City Field Office and the Oklahoma City Police Department, with assistance from the Oklahoma County District Attorney’s Office. Prosecuted by Assistant U.S. Attorneys Wilson D. McGarry and D.H. Dilbeck, the case is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, the Department announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
18:924(d) & 21:853 & 28:2461(c) CRIMINAL FORFEITURE
Outcome: 03/08/2023 75 MINUTE ENTRY for proceedings held before Judge Joe Heaton:Defendant Marcus Kelly Smith was sentenced before the court on 03/08/2023 on Counts 1 and 2 of the 2 Count Superseding Information filed 10/31/2022. The court sentences defendant to the Custody of the U.S. Bureau of Prisons to at term of 188 months. This sentence consists of 188 months on Count 1 and 120 months on Count 2 with both counts to run concurrently as well as any sentence imposed in CF-2022-2589 in Oklahoma County District Court. Upon release from Custody defendant shall be placed on a 4-year term of Supervised Release consisting of 4 years as to Count 1 and 3 years as to Count 2 with both counts to run concurrently. Standard and Special Conditions imposed. A $200 Mandatory Special Assessment is due as to both Counts 1 and 2 and shall be due immediately. (Court Reporter Cassy Kerr.) (lam) (Entered: 03/09/2023)
03/08/2023 76 ORDER OF DISMISSAL the Indictment returned 07/05/2022 is dismissed as to defendant Marcus Kelly Smith. Signed by Judge Joe Heaton on 03/08/2023. (lam) (Entered: 03/09/2023)
03/08/2023 77 JUDGMENT AND COMMITMENT ORDER as to defendant Marcus Kelly Smith (1). Defendant Marcus Kelly Smith was sentenced before the court on 03/08/2023 on Counts 1 and 2 of the 2 Count Superseding Information filed 10/31/2022. The court sentences defendant to the Custody of the U.S. Bureau of Prisons to at term of 188 months. This sentence consists of 188 months on Count 1 and 120 months on Count 2 with both counts to run concurrently as well as any sentence imposed in CF-2022-2589 in Oklahoma County District Court. Upon release from Custody defendant shall be placed on a 4-year term of Supervised Release consisting of 4 years as to Count 1 and 3 years as to Count 2 with both counts to run concurrently. Standard and Special Conditions imposed. A $200 Mandatory Special Assessment is due as to both Counts 1 and 2 and shall be due immediately. Signed by Judge Joe Heaton on 03/08/2023. (lam) (Entered: 03/09/2023)
Plaintiff's Experts:
Defendant's Experts:
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