New Orleans Man Indicted on Federal Firearm Charges
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that DEVONTE SMITH, age 22, of New Orleans, was charged on May 12, 2022 in an eight-count indictment with numerous federal firearms and drug trafficking violations stemming from a March 30, 2022 shootout, on the corner of Orleans and Rocheblave Streets and the subsequent search of a residence located in the 1800 block of Touro Street. No one was killed or injured in the shootout, but several houses and automobiles were damaged. The indictment charges him as follows:
Count 1: Charge: Possession, brandishing, and discharging of a firearm in furtherance of a drug trafficking crime in violation of Title 18 USC § 924(c)(1)(A).
Statutory Sentence: 10 years to life. Any sentence imposed must be served consecutive to any other sentence; a fine of up to $250,000; not more than 5 years of supervised release, and a mandatory $100.00 special assessment fee.
Count 2: Charge: Possession of a machinegun in furtherance of a drug trafficking crime in violation of Title 18 USC § 924(c)(1)(B)(ii).
Statutory Sentence: 30 years up to life. Any sentence imposed must be served consecutive to any other sentence; a fine of up to $250,000; not more than 5 years of supervised release, and a mandatory $100.00 special assessment fee.
Count 3: Charge: Illegal Possession of a machinegun in violation of Title 18 USC § 922(o).
Statutory Sentence: 0-10 years; a fine of up to $250,000; not more than 3 years supervised release, and a mandatory $100.00 special assessment fee.
Count 4: Charge: Possession of a firearm by a felon in violation of Title 18 USC § 922(g).
Statutory Sentence: 0-10 years; a fine of up to $250,000; not more than 3 years supervised release, and a mandatory $100.00 special assessment fee.
Count 5: Charge: Conspiracy to distribute and to possess with the intent to distribute a quantity of a mixture or substance containing a detectible amount of marijuana, cocaine hydrochloride, and fentanyl, in violation of Title 21 USC §§ 841(a)(1), 841(b)(1)(C), 841(b)(1)(D).
Statutory Sentence: cocaine hydrochloride/fentanyl: 0-20 years; not more than $1,000,000.00 in fines; at least 3 years of supervised release;
Marijuana: 0-5 years; a fine of up to $250,000; at least 2 years of supervised release, and a mandatory $100.00 special assessment fee.
Count 6: Charge: Possession with the intent to distribute a quantity of mixture or substance containing a detectible amount of marijuana, in violation of Title 21 USC §§ 841(a)(1) and 841(b)(1)(D).
Statutory Sentence: 0-5 years; a fine of up to $250,000; at least 2 years supervised release, and a mandatory $100.00 special assessment fee.
Count 7: Charge: Maintaining a drug involved premises, in violation of Title 21 USC § 856.
Statutory Sentence: 0-20 years; a fine of up to $500,000; up to 3 years of supervised release, and a mandatory $100.00 special assessment fee.
Count 8: Charge: Possession with the intent to distribute a quantity of mixture or substance containing a detectible amount of cocaine hydrochloride and fentanyl, in violation of Title 21 USC §§ 841(a)(1) and 841(b)(1)(C).
Statutory Sentence: 0-20 years; a fine of up to $1,000,000; at least 3 years of supervised release, and a mandatory $100.00 special assessment fee.
U. S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.
This matter is being investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the New Orleans Police Department. The prosecution is being handled by Assistant United States Attorney Maurice E. Landrieu, Jr.
