United States v. Smith

OPINION AND ORDER

JOHN E. STEELE, District Judge.

This matter came before the Court on July 12, 2010, for the sentencing of defendant Detrick C. Smith (defendant or Smith). The Court heard arguments as to whether defendant qualified as an armed career criminal, and took the matter under advisement. Counsel for each side filed a Sentencing Memorandum. (Docs. #67, 72.) For the reasons stated below, the Court finds that the United States has not shown that defendant qualifies as an armed career criminal.

I

Defendant was charged in a one count Indictment with possession of firearms and ammunition…