BILLINGS – A Billings man who possessed a firearm following a felony conviction was found guilty by a federal judge today, U.S. Attorney Kurt Alme said.
Following a 1-day trial, Cody Lloyd Smith, 42, was found guilty of possession of a firearm by a prohibited person. The penalties for that crime are up to 15 years in prison, a $250,000 fine, and three years of supervised release.
U.S. District Judge Susan P. Watters presided and will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for May 28, 2026.
The government alleged in court documents and at trial that Smith and three others were traveling in Carbon County, Montana on December 8, 2023. Smith was driving. A Carbon County Sheriff’s deputy clocked Smith going 91 mph in a 65-mph zone and pulled him over. The deputy thought Smith might be under the influence and eventually ran his trained K-9 around the car. The dog hit on the car and the deputy seized it and conducted a search on December 9, 2023, the day after the traffic stop. He seized several items, including a Taurus, 9mm semi-automatic pistol. Smith is prohibited from possessing firearms based on his felony conviction in Nevada in 2016 for carrying a concealed weapon without a permit.
Assistant U.S. Attorney Jacob Yerger prosecuted the case. The investigation was conducted by the Carbon County Sheriff’s Office and the ATF.
Source: U.S. Attorney’s Office — Montana — U.S. Department of Justice press release.