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Justice News

Department of Justice
U.S. Attorney’s Office
Southern District of West Virginia

Monday, April 28, 2014

Charleston Man Sentenced To Five Years For Illegal Possession Of Stolen Firearm

Charleston, W. Va. -  United States Attorney Booth Goodwin announced that Brian M. Smith, 31, of Charleston was sentenced  to five years in federal prison for the unlawful possession of a stolen firearm.  Smith previously plead guilty in August of 2013.

In December of 2009, Smith was approached on the front porch of his Charleston West Side residence and offered a handgun for sale.  Smith was familiar with two men peddling the gun and knew that they frequently dealt in stolen merchandise and drugs.  Smith was able to negotiate with the men and purchase the gun for less than $100.  The day after the purchase, Smith was stopped by Charleston police officers in the parking lot of the Charleston West Side Auto Zone.  The officers, who were investigating a shoplifting complaint, discovered the stolen gun in Smith’s jacket.  Smith, who had been previously convicted of felony burglary in 2005, knew he could not lawfully possess any gun.

The Charleston Police Department conducted the investigation, assisted by the federal Bureau of Alcohol, Firearms, Tobacco and Explosives.  Assistant United States Attorney Erik S. Goes prosecuted the matter on behalf of the United States. 

Updated January 7, 2015