DOJ Seal

Department of Justice

U.S. Attorney's Office
Eastern District of California

For Immediate Release

Friday, December 9, 2016
Phillip A. Talbert
, United States Attorney
Contact: Lauren Horwood

Federal Jury Finds Stockton Man Guilty of Being a Felon in Possession of a Fully Automatic Firearm

SACRAMENTO, Calif. — On Thursday, after a three-day trial, a federal jury found Antonio Nicholas Smith, 26, of Stockton, guilty of unlawfully possessing a firearm as a felon, U.S. Attorney Phillip A. Talbert announced. The trial was held before U.S. District Judge John A. Mendez.

According to evidence presented at trial, on March 6, 2016, Smith and another man were driving in the Bear Creek district in Stockton. A police officer tried to stop the car for a traffic violation, but the car failed to yield and instead led the officer on a high-speed chase through a residential area. The car lost control and crashed several blocks later. When it did, Smith fled from the passenger’s seat with a bag in his hands. Smith discarded the bag shortly afterwards and fled from the area. He was apprehended in a neighbor’s backyard several minutes later. Inside the bag, officers found a Glock 9mm pistol with a 50-round drum magazine attached. The gun was loaded with 43 rounds of ammunition and one live round in the chamber. Officers later determined that the gun had been modified to function in a fully automatic mode. Smith cannot lawfully possess firearms because he has previously been convicted of felony offenses.

This case is a product of an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and the Stockton Police Department. Assistant U.S. Attorneys Timothy H. Delgado and Justin L. Lee are prosecuting the case.

Smith is scheduled to be sentenced by Judge Mendez on March 14, 2017. Smith faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

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Field Division: San Francisco Field Division