BOSTON – Twin brothers from Hyannis were charged in federal court in Boston yesterday with additional gun and drug offenses.

Di’lon Smith, a/k/a Dilon Smith, and Denzel Smith, both 26, were each charged in a superseding indictment with one count of being a felon in possession of firearms and ammunition, one count of possession with intent to distribute 100 grams or more of a controlled substance analogue - cyclopropyl fentanyl, one count of possession with intent to distribute fentanyl, and two counts of possession of a firearm in furtherance of a drug trafficking crime. The Smiths were each initially indicted in April 2018 on one count of being a felon in possession of firearms and ammunition.

It is alleged that on Nov. 29, 2017, the brothers, each having previously been convicted of a felony, possessed a Smith & Wesson .22 caliber revolver, a Heckler & Koch .9 caliber pistol, six rounds of .22 caliber ammunition, and 18 rounds of .9 caliber ammunition. It is further alleged that the brothers also possessed fentanyl, as well as more than 100 grams of cyclopropyl fentanyl, with intent to distribute those substances.

The charging statute for being a felon in possession of a firearm and ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. The charge of possession with intent to distribute 100 grams or more of a controlled substance analogue provides for a mandatory minimum sentence of 10 years and up to life in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $10 million. The charging statute for possession with intent to distribute fentanyl provides for sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a $1 million fine. The charging statute for possessing a firearm in furtherance of a drug trafficking crime provides for a sentence of at least five years and up to life in prison, up to five years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Lawrence Panetta, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division; and Barnstable Police Chief Paul MacDonald made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.