Arms Trafficking from Canada; Donald Jamar Lewis

Donald Jamar Lewis, of Lakewood, Pierce County, Washington, was sentenced on Monday, January 22, to a lengthy prison term for a variety of transnational gun and drug charges.^[1] U.S. District Judge Ronald B. Leighton noted that his crimes did serious damage on both sides of the U.S. and Canadian border.^[2] Canadian authorities provided significant assistance in the investigation. On January 15, 2006, Border Services Officers from the Canada Border Services Agency's Vancouver Mail Centre examined a package from Tacoma, Washington, destined for an address in British Columbia.^[3] The officers examined the package after an X-ray showed anomalies within the shipment. Inside the package Border Services officers found two loaded handguns, a Smith & Wesson .38 Special, and a Ruger SP101 .357, with their serial numbers filed off.^[4] Both guns were loaded with hollow-point ammunition. The Canada Border Services Agency's seizure then forwarded the information to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).^[5]
"[He was] smuggling firearms into Canada and trading them fordrugs," said ATF Special Agent in Charge, Kelvin N. Crenshaw. "[This sentence reflects] the severe consequences of international arms trafficking."^[6]
Lewis was sentenced to 195 months in prison (16 years, 3 months) and 5 years of supervised release for among other things, being a Felon in Possession of a Firearm, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.^[7]

To be convicted of possession of a fire arm in furtherance of drug trafficking crime a person must use, carry, or possess a firearm, in furtherance of any crime of violence or drug trafficking, for which the person may be prosecuted in a court of the United States.^[8] The penalty for this crime alone varies on the manner in which the firearm was used. A person may be sentenced to a term of imprisonment of not less than 5 years;^[9] however if the firearm is brandished, the person may be sentenced to a term of imprisonment of not less than 7 years;^[10] and if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.^[11]


The crime of being a felon in possession of a firearm, in this context, makes it illegal for a felon, fugitive, renounced citizen, dishonorably discharged military person, mentally ill person, or alien, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. ^[12]

---

^[1] Guns Purchased at Gun Shows Smuggled into Canada; Drugs Smuggled into U.S., PR Newswire, January 22, 2007.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id
^[6] Id.
^[7] Id.
^[8] 18 U.S.C. § 924 (c)(1)(A) (2006).
^[9] 18 U.S.C. § 924 (c)(1)(A)(i) (2006).
^[10] 18 U.S.C. § 924 (c)(1)(A)(ii) (2006).
^[11] 18 U.S.C. § 924 (c)(1)(A)(iii) (2006).
^[12] 18 U.S.C. §922(g)(2006).