Source: United States Department of Justice News
ALBANY, NEW YORK – Mikal Smith, age 28, of Albany, was convicted on August 31 of unlawfully possessing ammunition as a felon, and possessing and intending to distribute cocaine base, following a three-day trial. The announcement was made by United States Attorney Carla B. Freedman; Frank A. Tarentino III, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; and Albany Police Chief Eric Hawkins.
The evidence at trial established that on April 7, 2021, Smith possessed with the intent to distribute 83 grams of cocaine base and possessed a large-capacity magazine loaded with 20 rounds of LC 5.56 ammunition. Smith discarded the cocaine base and ammunition during a foot pursuit after members of the Albany Police Department’s Community Response Unit attempted to arrest him on a parole warrant. At the time, Smith had felony convictions for Attempted Robbery in the Second Degree and Criminal Sale of a Controlled Substance in the Third Degree. Under federal law, these convictions prevented Smith from lawfully possessing the ammunition.
When United States District Judge Mae A. D’Agostino sentences him on December 14, 2022, Smith faces a minimum of 5 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the Albany Police Department and DEA, and is being prosecuted by Assistant United States Attorneys Allen J. Vickey and Katherine Kopita.