NEW ORLEANS - U.S. Attorney Duane A. Evans announced that DEVONTE SMITH, age 22, of New Orleans, pled guilty to seven counts of an eight-count indictment, that charged him with multiple federal firearms and drug trafficking violations stemming from a March 30, 2022 shootout, on the corner of Orleans and Rocheblave Street that was captured on NOPD crime cameras, and the subsequent search of a Touro Street residence. Although no one was killed or injured in the shootout, several houses and automobiles sustained damage. The indictment charged SMITH as follows:
Count 1: Charge: Possession, brandishing, and discharging of a firearm in furtherance of a drug trafficking crime in violation of Title 18 USC 924(c)(1)(A); Statutory Sentence: 10 years to life. Any sentence imposed must be served consecutive to any other sentence; a fine of up to$250,000 and not more than 5 years of supervised release.
Count 2: Charge: Possession of a machinegun in furtherance of a drug trafficking crime in violation of Title 18 USC § 924(c)(1)(B)(ii); Statutory Sentence: 30 years to life. Any sentence imposed must be served consecutive to any other sentence; a fine of up to $250,000 and not more than 5 years of supervised release.
Count 3: Charge: Illegal Possession of a machinegun in violation of Title 18 USC § 922(o); Statutory Sentence: 0-10 years; a fine of up to $250,000 and not more than 3 years supervised release.
Count 4: Charge: Possession of a firearm by a felon in violation of Title 18 USC § 922(g); Statutory Sentence: 0-10 years; a fine of up to $250,000 and not more than 3 years supervised release.
Count 5: Charge: Conspiracy to distribute and to possess with the intent to distribute a quantity of a mixture or substance containing a detectible amount of marijuana, cocaine, and fentanyl, in violation of Title 21 USC §§841(a)(1) and 841(b)(1)(C) and (D); Statutory Sentence: cocaine/fentanyl: 0-20 years; not more than $1,000,000.00 in fines and at least 3 years of supervised release; Marijuana: 0-5 years; a fine of up to $250,000 and at least 2 years supervised release.
Count 6: Charge: Possession with the intent to distribute a quantity of mixture or substance containing a detectible amount of marijuana, in violation of Title 21 USC§§841(a)(1) and 841(b)(1)(D); Statutory Sentence: 0-5 years; a fine of $250,000, and at least 2 years supervised release.
Count 7: Charge: Maintaining a drug involved premises, in violation of Title 21 USC § 856; Statutory Sentence: 0-20 years; a fine of $250,000, and at 3 years of supervised release.
Count 8: Charge: Possession with the intent to distribute a quantity of mixture or substance containing a detectible amount of cocaine and fentanyl, in violation of Title 21 USC §§ 841(a)(1) and 841(b)(1)(C); Statutory Sentence: 0-20 years; a fine of $250,000, and at least 3 years of supervised release.
As to each count, SMITH faces payment of a mandatory $100 special assessment fee.
Today, SMITH pled guilty to Counts 1, 3, 4, 5, 6, 7, and 8 of the indictment and the Government agreed to dismiss Count 2.
As part of this guilty plea, the SMITH will be sentenced to not less than 20 years in prison and not more than life. He will face a fine of not more than $1,000,000.00 and be placed on supervised release for not more than five years. He will also have to pay a mandatory $700.00 special assessment fee
This matter is still under investigation by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (A.T.F.) and the New Orleans Police Department.
The prosecution is being handled by Assistant United States Attorney Maurice E. Landrieu, Jr. of the Narcotics Unit.
Source: U.S. Department of Justice, Office of the United States Attorneys