The United States Attorney's Office announced that during a federal court session in Billings, on May 2, 2013, before U.S. District Judge Richard F. Cebull, TYLER LEVI SMITH, a 31-year-old resident of Billings, appeared for sentencing. SMITH was sentenced to a term of:
Prison: 57 months
Special Assessment: $100
Supervised Release: 3 years
SMITH was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorneys Marcia K. Hurd and Mark S. Smith, the government stated it would have proved at trial the following:
In 2004, SMITH was convicted of felony drug offenses and as a result he was prohibited from possessing firearms.
On March 8, 2012, SMITH was found passed out in a car parked in a parking lot in Billings. The car was running and SMITH was passed out in the back seat with vomit on him with his head resting on a case of beer. On the front passenger floor board in plain view was a silver semi automatic pistol. Law enforcement was unable to rouse SMITH and had to use a tool to open the door. After they opened the door and woke SMITH, they found out that he was on probation and contacted his state probation officer. SMITH was arrested for DUI and found to have a BAC of.139. The pistol, a Bryco Arms model Jennings Nine 9mm, and two magazines and ammunition were seized. The gun belonged to SMITH's cousin.
The cousin had earlier text discussions with SMITH about SMITH purchasing the gun from him. The cousin had a party at his residence on the evening of March 7 and into the early morning hours of March 8 and SMITH was at the party. The cousin was showing the gun around and then put it in a drawer in his kitchen while SMITH was watching. The next day, the cousin found that the gun and the magazines were missing.
When questioned, SMITH claimed that he didn't know how the gun got in his car.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SMITH will likely serve all of the time imposed by the court. In the federal system, SMITH does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Source: U.S. Department of Justice, Office of the United States Attorneys
