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Date: 05-13-2022

Case Style:

United States of America v. Malik Lee Simpson

Case Number: 6:20-cr-00008-NKM

Judge: Norman K. Moon

Court: United States District Court for the Western District of Virginia (Campbell County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney: Pat Kenney

Description: Lynchburg, Virginia criminal defense lawyer represented defendant charged with possessing a fully automatic machine gun while distributing large quantities of marijuana in the Lynchburg area,

Malik Lee Simpson, 23, pled guilty in February 2022 to two counts of possession with the intent to distribute marijuana and two counts of possession of a firearm in furtherance of a drug trafficking crime.

“A Glock switch – even when not attached to a firearm – is classified as a machine gun under federal law. When attached, these devices convert a firearm to being a fully automatic machine gun, and those who possess them, especially in the context of drug trafficking, will be met with severe penalties.” United States Attorney Christopher R. Kavanaugh said today. “Possession of a fully automatic machine gun in the context of drug trafficking crime triggers a 30-year mandatory minimum term of incarceration. This defendant received a lesser sentence after fully accepting responsibility and preserving judicial and prosecutorial resources. This case demonstrates my Office and the Department of Justice’s commitment to fighting gun violence and preventing fully automatic firearms from being in our communities in the Western District of Virginia.”

“Violent crime has no place in the Lynchburg community,” said Lynchburg Police Chief Ryan M. Zuidema. “I am grateful for the dedication of the officers who investigated this case and for the collaboration between the Lynchburg Police Department, the U.S. Attorney's Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives to bring this violent offender to justice.”

According to court documents, on July 11, 2019, Simpson was observed engaging in a hand-to-hand drug transaction. After determining he had an active warrant for his arrest, law enforcement pursued Simpson into a residence and arrested him after finding a bag he had been carrying with over 60 grams of marijuana and a Glock 22 handgun inside.

Nearly two weeks later after having been released, Simpson was the passenger in a vehicle that was stopped for having a brake light out. Officers smelled marijuana coming from the vehicle, and upon search of the trunk discovered a backpack belonging to Simpson whose contents included more than 40 grams of marijuana, a digital scale, and a Glock 19 handgun that was fitted with a machine gun conversion, also known as a “Glock Switch,” which makes the weapon fully automatic. Facebook records obtained through the investigation showed that Simpson had purchased the “Glock Switch” from co-defendant Nathan Samuel Arthurs in May 2019.

United States Attorney Christopher R. Kavanaugh of the Western District of Virginia and Charlie J. Patterson, Special Agent in Charge of ATF’s Washington Field Division, made the announcement.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Lynchburg Police Department investigated the case.

Assistant U.S. Attorney Sean M. Welsh prosecuted the case.

21:841A=CD.F CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE - 21:841(a) and (b)(1)(D) - Marijuana - (7/11/2019)
(1s)

18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN - 18:924(c)(1)(A)(i) - Possession of a Firearm in Furtherance of Drug Trafficking - (7/11/2019)
(2s)

21:841A=CD.F CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE - 21:841(a) and (b)(1)(D) - Marijuana - (7/28/2019)
(3s)

Outcome: CBOP: 15 years. The term consists of 60 months on each of Counts 1 and 3, to be served concurrently, and terms of 60 months on each of Counts 2 and 4, to be served consecutive to each other and consecutive to the terms imposed on all other counts. The defendant shall receive credit for 3 weeks of time served in state custody on related state court charges; SR 5 years. The term consists of 3 years on each of Counts 1 and 3, and terms of 5 years on each of Counts 2 and 4, all such terms to run concurrently; SA $400.00; Fine Waived.

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Defendant's Experts:

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