HUNTINGTON, W.Va. – Brian Martell Smith, 42, of Detroit, Michigan, pleaded guilty today to being a felon in possession of a firearm, and to possession of a firearm with a removed, obliterated, or altered serial number.
According to court documents and statements made in court, on October 11, 2021, law enforcement officers encountered Martell at Marcum Terrace apartments in Huntington. Martell admitted to possessing a Lorcin L9MM 9mm pistol that he threw away while attempting to flee from the officers, who recovered the firearm. Martell further admitted that the firearm’s manufacturer serial number had been removed, obliterated, or altered.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Smith knew he was prohibited from possessing a firearm because of his felony convictions for possession with intent to deliver/manufacture less than 50 grams of cocaine on August 25, 1999, and being a felon in possession of a firearm and weapons felony firearm on September 18, 2008, both in Michigan Third Judicial Circuit Court.
Smith is scheduled to be sentenced on November 21, 2022, and faces a maximum penalty of 15 years in prison, three years of supervised release, and a $500,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Huntington Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Courtney L. Cremeans is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-76.