Rapid City Man Charged with Illegal Possession of Firearm


Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession of a Stolen Firearm and Receipt of a Firearm While Under Indictment.

Huya Smoke, age 19, was indicted on August 19, 2021.  He appeared before U.S. Magistrate Judge Daneta Wollmann on August 25, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge stems from Smoke knowingly being in possession of a stolen 9mm semi-automatic pistol in Rapid City in April 2021.  At the time, Smoke was also under indictment in Meade County, South Dakota. The charges are merely an accusation and Smoke is presumed innocent until and unless proven guilty. 

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This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rapid City Police Department.  Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.   

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Smoke was detained pending trial.  A trial date has not been set.

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