| Man
Indicted As
Felon With
Ammo Told
Judge There
Was No
Evidence Now
Gets 8 Years
By Matthew
Russell Lee, Patreon Maxwell
book
SDNY COURTHOUSE,
May 10 –
Christopher
Smith is
charged with
being a felon
in possession
of ammunition.
But on
February 2,
speaking for
himself, he
said there is
no solid
evidence.
Smith was
indicted,
sealed, on
December 15,
2022. It was
unsealed and
he was
detailed on
January 25.
On
February 2 he
appeared
before U.S.
District Court
for the
Southern
District of
New York Judge
Ronnie Abrams.
Inner City
Press went and
covered
it.
Judge
Abrams set a
May 1 trial
date, and
motions before
then.
Then
Smith raised
his hand and
was allowed to
speak. He said
there is no
evidence, he
would like to
go home.
On
March 27, the
US Attorney's
Office wrote
to Judge
Abrams that
"this morning a
grand jury
sitting in
this District
returned a superseding
indictment
charging defendant
Christopher
Smith with
three
additional
counts related to
a shooting
and carjacking
that occurred on
or about September
19, 2022...
which was
committed
with the same
firearm
used in the
previously
charged November
11
conduct." They
want the same
May 1 trial
date - and
an arraignment.
On
December 6, letters
Smith submitted
were declared
sealed by the
same logic as
in US v. Edwards, a logic the
extension of
which Inner City
Press finds
problematic
for transparency:
"ORDER as to
Christopher
Smith: On
December 5,
2023, the
Court received
a letter from
defense
counsel sent
ex parte via
email in
response to
its orders of
November 14,
2023 and
December 5,
2023. The
letter states
that Mr. Smith
does not seek
to withdraw
his plea, but
does seek to
withdraw the
three letters
he sent to the
Court ex parte
and to place
them under
seal. The
Court will
thus not
consider Mr.
Smith's
letters with
respect to
sentencing or
for any
further
purpose.
Because Mr.
Smith's
letters are
not relevant
to the
performance of
a judicial
function, they
are not
judicial
documents. See
United States
v. Sours
Edwards, No.
19-cr-64-GHW,
2020 WL
6151300, at
*67 (S.D.N.Y.
Oct. 20,
2020). As
such, they may
be withdrawn
without being
filed on the
docket and
will rather be
filed under
seal. See id.
In addition,
in light of
the fact that
counsel's
letter
contains
privileged
information
regarding
attorney-client
communications,
the letter
shall also be
filed under
seal. See
United States
v. Farooq, No.
19-CR-100
(PKC), 2020 WL
1083624, at *1
& n.2
(E.D.N.Y. Mar.
6, 2020).
(Signed by
Judge Ronnie
Abrams on
12/6/2023)."
On
December 18,
Smith's
counsel wrote
in that while
in the SHU for the past
four months,
Smith has not
received
medical
attention, and
wants it. It
was So
Ordered.
Jump
cut to April
26, 2024 -
Smith's
counsel, predicting
that the US
Attorney
Office will
ask for 87
months on May 9,
asked for two
years in a
redacted submission.
On May
3, the US
Attorney's Office
"submit[ted]
that a
sentence of
108 months'
imprisonment
is
appropriate."
On May
10, it was 96
months - eight
years:
"JUDGMENT IN A
CRIMINAL CASE
as to
Christopher
Smith (1). The
defendant
pleaded guilty
to counts (1),
(2), (3). Any
open counts
are dismissed
on the motion
of the United
States.
SUPERVISED
RELEASE: 3
years on each
count to run
concurrently.
IMPRISONMENT:
96 months on
each count to
run
concurrently.
It is
recommended
that Mr. Smith
be designated
to
FCI-Danbury,
or
alternatively
a facility
located in the
Northeast
region, and
participate in
the Skills
Program;
Resolve
Program and
RDAP Program."
The
case is US v.
Smith,
22-cr-685
(Abrams)
***
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