Greensboro, NC — An individual who shot at a Guilford County Deputy Sheriff in August 2009, and was in turn shot by the deputy, has been charged in federal court with being a felon in possession of a firearm, announced U.S. Attorney Anna Mills Wagoner for the Middle District of North Carolina.

The single-count indictment returned on December 14, 2009, alleges that DANIEL ROY SMITH, age 56, was a felon in possession of a firearm on August 29, 2009, having previously been convicted of violent felonies on December 15, 1988, August 28, 1987, January 4, 1983, and April 24, 1975.

According to published news reports, SMITH had been released to a halfway house to serve the remainder of a sentence for bank robbery at the time he shot at a Guilford County Deputy Sheriff at Wiley Lewis and Pleasant Garden Roads. The deputy returned fire, striking SMITH four times. The Bureau of Prisons web site reflects that SMITH’s expected release date for that offense is March 29, 2017. Trial on the new charge is expected to be scheduled for the March 2010 term of court.

If convicted on the felon-in-possession charge, SMITH could be sentenced to imprisonment for a period of not less than fifteen years nor more than life, a fine of up to $250,000, or both, and supervised release of five years.

An indictment is not evidence of guilt. All persons charged with a crime are presumed innocent unless and until proven guilty beyond a reasonable doubt.

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