Appellate court: Joplin woman should have known someone with 13 felony convictions couldn't own a gun

The Eighth Circuit U. S. Court of Appeals rejected a Joplin woman's claim that she should not have been sentenced to 19 years in prison for being a felon using cocaine and methamphetamine while in possession of a firearm and ammunition.

Tracy Arlene Smith, 49, claimed the jury instructions should have included a statement noting that Smith had to know she was barred from owning a weapon in order to be convicted of the charge.

The appellate panel ruled the government had presented evidence that clearly indicated Smith should have known that as a felon she could not own a firearm.







According to evidence introduced during her September 25, 2018 trial, law enforcement officers executed a search warrant at Smith’s home on June 22, 2017. During the execution of the search warrant, members of the Ozark Drug Enforcement Team seized Smith’s purse, which contained a CDM Prod. Inc., .22-caliber pistol, loaded with six rounds of .22 caliber ammunition. Officers also seized drug paraphernalia.

Smith, who was on parole at the time, had five prior felony convictions for forgery, four prior felony convictions for possession of a controlled substance, and prior felony convictions for sale of a controlled substance (on three separate occasions) and assault.