Criminal Action No. 2:10-cr-00066.

742 F.Supp.2d 855 (2010)

UNITED STATES of America, Plaintiff, v. Heywood SMITH IV, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

September 20, 2010.

Attorney(s) appearing for the Case

Samuel D. Marsh , U.S. Attorney's Office, Charleston, WV, for Plaintiff.

Lex A. Coleman , Mary Lou Newberger , Federal Public Defender's Office, Charleston, WV, for Defendant.


THOMAS E. JOHNSTON, District Judge.

Pending is Defendant Heywood Smith IV's Motion to Dismiss Counts 1 and 2 of the Indictment [Docket 23]. For the reasons set forth below, the Motion is DENIED.


On April 13, 2010, the grand jury returned a two-count indictment against Defendant, Heywood Smith IV, charging him with possessing a firearm after a misdemeanor domestic violence conviction...

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