Indictment — United States v. Darnell Smith (D. Md., Dkt. 1, filed 01/04/23)

Summary

An Indictment in United States of America v. Darnell Smith, Case 1:23-cr-00002-JRR, Document 1, filed 01/04/23, in the U.S. District Court for the District of Maryland. The Grand Jury charges in Count One possession of a firearm and ammunition by a prohibited person, 18 U.S.C. § 922(g)(1), and in Count Two possession with intent to distribute a controlled substance, 21 U.S.C. § 841(a). Count Three charges possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A). Each count is stated as on or about November 17, 2022. A forfeiture allegation gives notice that the United States will seek forfeiture of firearms, ammunition and drug proceeds under 18 U.S.C. § 924(d), 21 U.S.C. § 853 and 28 U.S.C. § 2461(c), with a substitute assets paragraph.

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Case 1:23-cr-00002-JRR Document1 Filed 01/04/23 Page1of5

PCM12/14/22
JRM USAO# 2022R00759

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA *

DARNELL SMITH, = (Possession of a Firearm and
a Ammunition by a Prohibited Person,
Defendant. * 18 U.S.C. § 922(g)(1); Possession with
= Intent to Distribute a Controlled
* Substance, 21 U.S.C. § 841(a);
= Possession of a Firearm in
* Furtherance of a Drug Trafficking
* Crime, 18 U.S.C. § 924(c)(1)(A);
* Forfeiture, 18 U.S.C. § 924(d), 21
= U.S.C. § 853, 28 U.S.C. § 2461(c))
INDICTMENT
COUNT ONE

(Possession of a Firearm and Ammunition by a Prohibited Person)
The Grand Jury for the District of Maryland charges that:
On or about November 17, 2022, in the District of Maryland, the Defendant,
DARNELL SMITH,
knowing he had previously been convicted of a crime punishable by imprisonment for a term
exceeding one year, knowingly possessed a firearm and ammunition, to wit,
e aGlock, Model 30, .45 caliber pistol, with serial number NNV361;
e aGlock, Model 23 Gen 4, .40 caliber pistol, with serial number ABKD432US;
e thirteen rounds of .45 caliber ammunition; and
e fifteen rounds of .40 caliber ammunition;
and the firearms and ammunition were in and affecting commerce.

18 U.S.C. § 922(g)
Case 1:23-cr-00002-JRR Document1 Filed 01/04/23 Page 2 of 5

COUNT TWO
(Possession with the Intent to Distribute a Controlled Substance)

The Grand Jury for the District of Maryland further charges that:
On or about November 17, 2022, in the District of Maryland, the Defendant,
DARNELL SMITH,
did knowingly and intentionally possess with intent to distribute a mixture or substance containing
a detectable amount of marihuana, a Schedule I Controlled Substance.

21 U.S.C. § 841(a)\(1)
Case 1:23-cr-00002-JRR Document1 Filed 01/04/23 Page 3 of 5

COUNT THREE
(Possession of a Firearm in Furtherance of a Drug Trafficking Crime)

The Grand Jury for the District of Maryland further charges that:
On or about November 17, 2022, in the District of Maryland, the Defendant,
DARNELL SMITH,

did knowingly possess firearms, that is a Glock, Model 30, .45 caliber pistol bearing serial number
NNV361 and a Glock, Model 23 Gen 4, .40 caliber pistol bearing serial number ABKD432US, in
furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United
States, that is, possession with the intent to distribute a controlled substance, in violation of Title
21, United States Code, Section 841 (a), as alleged in Count Two of this Indictment.

18 U.S.C. § 924(c)(1)(A)
Case 1:23-cr-00002-JRR Document1 Filed 01/04/23 Page 4 of 5

FORFEITURE ALLEGATION

The Grand Jury for the District of Maryland further finds that:

1. Pursuant to Fed. R. Crim. P. 32.2, notice is hereby given to the Defendant that the
United States will seek forfeiture as part of any sentence in accordance with 18 U.S.C. § 924(d),
21 U.S.C. § 853, and 28 U.S.C. § 2461(c), in the event of the Defendant’s conviction under any of
the offenses charged in Counts One through Three of this Indictment.

Firearms and Ammunition Forfeiture

Qe Pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), upon conviction of an
offense alleged in Counts One or Three, the Defendant shall forfeit to the United States any
firearms and ammunition involved in such offense(s).

Narcotics Forfeiture

3. Pursuant to 21 U.S.C. § 853(a), upon conviction of an offense in violation of the
Controlled Substances Act, as alleged in Count Two, the Defendant shall forfeit to the United
States:

a. any property constituting, or derived from, any proceeds obtained, directly or
indirectly, as a result of such offense; and

b. any property used, or intended to be used, in any manner or part, to commit,
or facilitate the commission of, such offense.

Property Subject to Forfeiture

4, ‘The property to be forfeited includes, but is not limited to:
a. aGlock, Model 30, .45 caliber pistol, with serial number NNV361;
b. a Glock, Model 23 Gen 4, .40 caliber pistol, with serial number ABKD432US;

c. approximately thirteen rounds of .45 caliber ammunition; and
Case 1:23-cr-00002-JRR Document1 Filed 01/04/23 Page 5 of5

d. approximately fifteen rounds of .40 caliber ammunition;

Substitute Assets

5. Pursuant to 21 U.S.C. § 853(p) and 28 U.S.C. § 2461(c), if any of the property
described above as being subject to forfeiture, as a result of any act or omission by the Defendant:
a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third person;
c. has been placed beyond the jurisdiction of the Court;
d. has been substantially diminished in value; or
e. has been comingled with other property which cannot be divided without
difficulty,
it is the intent of the United States to seek forfeiture of any other property of the Defendant up to
the value of the property charged with forfeiture in the paragraphs above.
18 U.S.C. § 924(d)

21 U.S.C. § 853
28 U.S.C. § 2461(c)

Erek L. Barron
United States Attorney

A TRUE BILL:

SIGNATURE REDACTED ; | dt a2 3

Foreperson Date


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