Cody Michael Smith, Unlawful Firearm Possession, South Dakota 2014

State: South Dakota
Category: Violent Crime|Weapons
Source: <a href="https://www.justice.gov/usao-sd/pr/eighth-circuit-court-appeals-affirms-conviction-sioux-falls-man-unlawful-firearm" style="color:#cc0000;" target="_blank" rel="nofollow noopener">DOJ Press Release ÃƒÂ¢Ã¢â‚¬Â Ã¢â‚¬â€

Gun Possession Charge Upheld: Cody Smith Found Guilty

Cody Michael Smith, a 27-year-old man from Sioux Falls, South Dakota, has been convicted of unlawful firearm possession. This conviction stems from a prior misdemeanor crime of domestic violence.

According to court documents, on December 3, 2014, Smith was indicted by a federal grand jury for being a prohibited person in possession of a firearm. The charges against him were later reduced after he pleaded guilty to the charge on December 30, 2014.

During the initial investigation, Sioux Falls Police officers responded to Smith’s residence after receiving a report that his ex-girlfriend, who had been reported missing from a halfway house, might be there. The caller also warned the police that Smith was a drug user who was known to possess weapons.

Upon entering Smith’s residence, officers found him holding his ex-girlfriend in his bedroom and a loaded rifle nearby. Smith had initially lied about being the only person present in the home, which led to the officers’ decision to make entry.

The Eighth Circuit Court of Appeals upheld the district court’s determination that the officers’ entry was a proper execution of their community caretaking function. Smith was sentenced to 41 months in prison.

Assistant U.S. Attorney Jennifer Mammenga prosecuted the case, while Assistant U.S. Attorney Kevin Koliner argued the case on appeal. The investigation was carried out by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

The conviction of Cody Michael Smith serves as a reminder of the consequences of unlawful firearm possession, particularly for those with prior convictions for domestic violence.

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