HUNTINGTON, W.Va. – Brian Martell Smith, 43, of Detroit, Michigan, was sentenced today to three years in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm, and for possessing 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 the Marcum Terrace apartments in Huntington, at which time Martell threw a Lorcin L9MM 9mm pistol to the ground and attempted to flee. Martell admitted to possessing the firearm, which officers recovered, and 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 being a felon in possession of a firearm and for carrying or possessing a firearm when committing or attempting to commit a felony (weapons felony firearm) on September 18, 2008, in Michigan Third Judicial Circuit Court, and for possession with intent to deliver/manufacture less than 50 grams of cocaine on August 25, 1999, in Michigan Third Judicial Circuit Court.
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 imposed the sentence. Assistant United States Attorney Courtney L. Cremeans prosecuted 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.