United States v. Smith, No. 12-1516; Third Circuit; opinion by Fuentes, C.J., decided August 6, 2013. Before Judges Sloviter, Fuentes, and Roth. On Appeal from the District of New Jersey. [Sat below: Judge Cooper] D.D.S. No. 14-8-1054 [17 pp.]

Durrell Smith, a convicted felon, was indicted for threatening a federal officer, using and possessing a firearm in furtherance of a crime of violence, and unlawful possession of a firearm by a convicted felon after he approached a car in which an FBI agent and three other officers were conducting surveillance as part of an ongoing drug investigation in Newark carrying a semi-automatic handgun.