Pubdate: Fri, 26 Apr 2002
Source: Roanoke Times (VA)
Copyright: 2002 Roanoke Times
Contact:  http://www.roanoke.com/roatimes/
Details: http://www.mapinc.org/media/368
Author: Jen McCaffery

Joe Bennett Smith Received A Sentence Of 16 1/2 Years In Spring Of 2000

ATTORNEY FOR DRUG RINGLEADER CONTESTS SENTENCE

The U.S. Attorney Countered That The Defendant Actually Received Several 
Breaks In His Sentence.

Passions ran high as attorneys argued in federal court Thursday over how 
much time the leader of a marijuana ring that supplied Southwest Virginia 
during the late 1980s and early 1990s should continue to serve in prison.

Roanoke attorney Robert Rider repeatedly made the case that there was no 
justice in the sentence of 16 1/2 years meted out to Joe Bennett "Jay" 
Smith in May 2000. Smith was one of the leaders of the Phototron ring, 
so-named for the high-powered lights used to grow marijuana in Roanoke 
County growhouses.

Assistant U.S. Attorney Joe Mott countered that Smith had already received 
several breaks in his sentence. Smith could have faced a life sentence 
because of a previous conviction for drug conspiracy and because of the 
amount of drugs Smith took responsibility for: almost 30,000 plants. Smith 
also helped reduce his sentence by aiding the prosecution.

Chief U.S. District Judge Samuel Wilson ultimately re-sentenced Smith to 
two months shy of 10 years in prison. Smith, 45 and the father of four, is 
already serving the sentence in a federal prison in Michigan. He was not in 
the courtroom.

Smith got the opportunity to have his sentence revisited after he won an 
appeal based on a U.S. Supreme Court decision that said defendants should 
be able to have their guilty pleas reconsidered if the specific criminal 
acts they were pleading guilty to were not spelled out. Under the decision, 
Smith could only be sentenced to a maximum of 10 years.

The hotly contested hearing reflected the years of legal wrangling the case 
has entailed.

Rider argued during the hearing that it was wrong for Smith's sentence to 
be increased because he was charged with a second drug conspiracy after 
Smith was already serving time on a 1996 marijuana conspiracy conviction.

Rider argued that because Smith's first conviction was not final when Smith 
was charged with the second conspiracy, that the second charge was illegal. 
Rider also said that the prosecution presented no evidence that a separate 
second marijuana conspiracy existed after Smith went to prison in 1996.

Wilson rejected Rider's argument, citing evidence that Smith checked in on 
some of the growhouses when he was out on bond and collected money up until 
April or May of 1997. Wilson also mentioned that Smith chose to sign a plea 
agreement that said he knew his sentence could be enhanced if further 
criminal activity occurred.

"Just because you've been convicted of conspiracy doesn't mean you can 
continue it once you've been convicted," Wilson said.
- ---
MAP posted-by: Beth