Armed Career Criminal Convicted at Trial for Illegally Possessing a Firearm

SAVANNAH, GA: A Savannah man has been found guilty at trial for Possession of a Firearm by a Prohibited Person and for being an Armed Career Criminal following an incident that occurred on June 13, 2023.

Duane B. Smith a/k/a "Flex" of Savannah, was convicted following a two-day jury trial in the U.S. District Court for the Southern District of Georgia, said Margaret E. Heap, United States Attorney for the Southern District of Georgia.

As described at trial, on June 13, 2023, officers with the Savannah Police Department responded to the Goodwill Store at 220 Eisenhower Drive, Savannah, Georgia in response to a missing person report. Upon their arrival, the missing individual was located with Smith. Officers learned that Smith drove the missing person to the Goodwill Store in his vehicle. Based on witness interviews, officers obtained a search warrant, and located a Cobra, .380 caliber firearm hidden under the backseat of the vehicle. Smith was arrested later by the Savannah Police Department SWAT team. Smith was prohibited from possessing firearms because of three previous felony convictions in the Superior Court of Chatham County and one federal felony conviction.

The case was referred to the U.S. Attorney's Office for prosecution. In addition to charging Smith with illegally possessing the firearm, prosecutors sought an enhanced penalty under the Armed Career Criminal Act. The Armed Career Criminal Act requires imposition of a mandatory minimum 15-year term of imprisonment for recidivists convicted of illegally possessing a firearm, who have three prior state or federal convictions for violent felonies or serious drug offenses.

The jury found Smtih illegally possessed the firearm and was, in fact, an Armed Career Criminal. Smith is now subject to a mandatory minimum sentence of 15 years.

"With our law enforcement partners, we continue the work of removing firearms from the hands of those who can't legally possess them - especially those convicted of prior felonies," said U.S. Attorney Heap. "This effort is a vital step in reducing gun violence in our communities."

"Duane Smith posed a serious threat to the public," said FBI Atlanta Acting Special Agent in Charge Peter Ellis. "The FBI will continue to work with our partners at all levels to protect the public from gun violence and repeat violent offenders."

"I want to thank the U.S. Attorney's Office for their amazing work on this case," said Lenny B. Gunther, Savannah Chief of Police. "Their efforts, along with those of our officers, have removed a dangerous individual from our community."

This investigation took place under the umbrella of the U.S. Department of Justice's Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer.

The case was investigated by the Savannah Police Department and the Federal Bureau of Investigation and prosecuted for the United States by the Southern District of Georgia Special Assistant United States Attorney Makeia R. Jonese and Criminal Chief Patricia G. Rhodes.