On January 6, 2021, Smocks used his Parler account to make the following post: “Today, January 6th, 2021, We Patriots by the millions have arrived in Washington, DC, carrying banners of support for the greatest President the world has ever known. But if we must… Many of us will return on January 19th, 2021, carrying our weapons in support of our nation’s resolve, to which the world will never forget. We will come in numbers that no standing army or police agency can match. However, the police are NOT our enemy, unless they choose to be! All who will not stand with the American Patriots…or cannot stand with us, then, that would be a good time for you to take a few vacation days. -The American Patriot
On January 7, 2021, Smocks used his Parler account to make a post that included the following language: “So over the next 24 hours, I would say lets get our personal affairs in order. Prepare our weapons, and then go get’em. Lets hunt these cowards down like the Traitors that each of them are. This includes RINOS,1 Dems, and Tech Execs. We now have the green light. [All] who resist US are enemies of Our Constitution, and must be treated as such. Today, the cowards ran as We took the Capital. They have it back now, only because We left. It wasn’t the building that We wanted. . . it was them!”
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Troy Anthony
- Last Name(s): Smocks
- Case Number: 1:21-cr-198
- Arrest Location: Eastern District , TX
- Judge: Robin M. Meriweather
- Judge: Tanya Chutkan
- Entry Last Updated: 08/08/2023
- Date Docket Downloaded: 08/24/2021
- Currently Incarcerated: Yes
- Support Troy Anthony Smocks: Click here to help cover Troy Anthony 's legal and living expenses
Charges
Threats in Interstate Commerce (1)
Case Status
Arrested 1/15/21 in the Eastern District of Texas. Indicted 3/9/21. Pleaded not guilty to counts 1-2 on 4/2/21. Sentencing held on 10/21/2021, sentenced to 14 months of incarceration; 36 months of supervised release and a special assessment of $100.00; Oral motion by government to dismiss count 2; heard and granted.
USA Attorney
Michael Friedman
Troy Anthony Smocks's Mailing Address
Troy Anthony Smocks-05582-041
Please note: Prisoner mail is reviewed by guards. Please keep messages of encouragement to a general and/or religious nature. For example, do not mention the events of Jan. 6th or other current events under criminal investigation.
Case Documents
- Troy Smocks Docket Sheet as of 8/8/2023
- #1 SEALED COMPLAINT as to TROY ANTHONY SMOCKS (1). [1:21-mj-00058-RMM]
- #1 a) Affidavit in Support
- #3 MOTION to Seal Case by USA as to TROY ANTHONY SMOCKS. [1:21-mj-00058-RMM]
- #4 ORDER granting 3 Motion to Seal Case as to TROY ANTHONY SMOCKS (1). Signed by Magistrate Judge Robin M. Meriweather on 1/14/2021. (zltp) [1:21-mj-00058-RMM]
- #5 MOTION to Unseal Case by USA as to TROY ANTHONY SMOCKS. [1:21-mj-00058-RMM]
- #6 ORDER Granting 5 MOTION to Unseal Case by USA as to TROY ANTHONY SMOCKS (1). Signed by Magistrate Judge G. Michael Harvey on 1/15/2021. (zpt) [1:21-mj-00058-RMM]
- #7 Rule 5(c)(3) Documents Received as to TROY ANTHONY SMOCKS from US District Court Eastern District of Texas (Sherman) Case Number 4:21-mj-33-KPJ (bb) [1:21-mj-00058-RMM]
- #8 INDICTMENT as to TROY ANTHONY SMOCKS (1) count(s) 1-2
- #10 NOTICE of Unrepresented Person Appearance by TROY ANTHONY SMOCKS. "Leave to File Granted" by Judge Tanya S. Chutkan on 3/15/2021.
- #13 NOTICE of Filing by USA as to TROY ANTHONY SMOCKS
- #13 a) Exhibit A
- #14 NOTICE OF ATTORNEY APPEARANCE: John L. Machado appearing for TROY ANTHONY SMOCKS
- #15 RESPONSE by USA as to TROY ANTHONY SMOCKS re: 10 Notice.
- #15 a) Exhibit A
- #15 b) Exhibit B
- #16 MOTION to Dismiss on Speedy Trial Act Violations by TROY ANTHONY SMOCKS.
- #16 a) Supplement Pro Se Motion to Dismiss
- #19 Amended MOTION to Dismiss on Speedy Trial Act Violations by TROY ANTHONY SMOCKS.
- #19 a) Exhibit Pro Se Motion to Dismiss
- #20 MOTION for Reconsideration of Detention Order by TROY ANTHONY SMOCKS.
- #20 a) Exhibit 1 - Order of Detention Pending Trial
- #20 b) Exhibit 2 - Social Media post
- #20 c) Exhibit 3 - Social Media post
- #21 Memorandum in Opposition by USA as to TROY ANTHONY SMOCKS re 19 Amended MOTION to Dismiss on Speedy Trial Act Violations
- #21 a) Exhibit A
- #21 b) Exhibit B
- #21 c) Exhibit C
- #21 d) Exhibit D
- #21 e) Exhibit E
- #21 f) Exhibit F
- #21 g) Exhibit G
- #21 h) Exhibit H
- #21 i) Exhibit I
- #21 j) Exhibit J
- #22 Memorandum in Opposition by USA as to TROY ANTHONY SMOCKS re 20 MOTION for Reconsideration of Detention Order
- #22 a) Exhibit A
- #22 b) Exhibit B
- #22 c) Exhibit C
- #22 d) Exhibit D
- #22 e) Exhibit E
- #25 REPLY TO OPPOSITION to Motion by TROY ANTHONY SMOCKS re 20 MOTION for Reconsideration of Detention Order
- #26 REPLY TO OPPOSITION to Motion by TROY ANTHONY SMOCKS re 19 Amended MOTION to Dismiss on Speedy Trial Act Violations
- #30 MOTION for Leave to File Documents and Reopen Hearing on the Motion to Dismiss by TROY ANTHONY SMOCKS.
- #30 a) Exhibit Statement of Peter Stager
- #30 b) Exhibit Statement of William Chrestman
- #30 c) Exhibit Statement of Kyle Fitzsimmons
- #30 d) Exhibit WRWA Winter Storm Updates 2021Valentines/Presidents Day
- #30 e) Exhibit WRWA Winter Storm Updates February 16-17, 2021
- #32 ORDER: Denying 19 Motion to Dismiss for Speedy Trial as to TROY ANTHONY SMOCKS (1). Signed by Judge Tanya S. Chutkan on 05/07/2021. (tb) (Main Document 32 replaced on 5/11/2021)
- #33 MEMORANDUM OPINION as to TROY ANTHONY SMOCKS. Signed by Judge Tanya S. Chutkan on 05/07/2021.
- #37 MOTION for Hearing by USA as to TROY ANTHONY SMOCKS.
- #39 Memorandum in Opposition by TROY ANTHONY SMOCKS re 38 MOTION to Exclude Time Under the Speedy Trial Act
- #40 ORDER (REDACTED): Denying 30 Motion for Leave to File as to TROY ANTHONY SMOCKS (1) and denying 31 Motion for Hearing as to TROY ANTHONY SMOCKS (1). Signed by Judge Tanya S. Chutkan on 07/02/2021.
- #42 MOTION for Reconsideration re 30 MOTION for Leave to File Documents and Reopen Hearing on the Motion to Dismiss filed by TROY ANTHONY SMOCKS by TROY ANTHONY SMOCKS
- #44 ORDER: Granting 38 Motion for Exclusion of Time Under the Speedy Trial Act as to TROY ANTHONY SMOCKS (1). Signed by Judge Tanya S. Chutkan on 07/14/2021.
- #45 ORDER: Granting 38 Motion for Exclusion of Time Under the Speedy Trial Act as to TROY ANTHONY SMOCKS (1). Signed by Judge Tanya S. Chutkan on 07/14/2021.
- #46 Memorandum in Opposition by USA as to TROY ANTHONY SMOCKS re 42 MOTION for Reconsideration re 30 MOTION for Leave to File Documents and Reopen Hearing on the Motion to Dismiss filed by TROY ANTHONY SMOCKS
- #47 ROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal as to TROY ANTHONY SMOCKS. Signed by Judge Tanya S. Chutkan on 07/28/2021.
- #48 Unopposed MOTION for Leave to File Reply to Memorandum in Opposition by TROY ANTHONY SMOCKS.
- #49 REPLY TO OPPOSITION to Motion by TROY ANTHONY SMOCKS re 42 MOTION for Reconsideration re 30 MOTION for Leave to File Documents and Reopen Hearing on the Motion to Dismiss filed by TROY ANTHONY SMOCKS
- #50 ORDER: Denying 42 Motion for Reconsideration and 30 MOTION for Leave to File Documents and Reopen Hearing on the Motion to Dismiss filed by TROY ANTHONY SMOCKS as to TROY ANTHONY SMOCKS. Signed by Judge Tanya S. Chutkan on 08/18/2021.
- #52 WAIVER of Trial by Jury as to TROY ANTHONY SMOCKS. Signed by Judge Tanya S. Chutkan on 09/29/2021.
- #53 STATEMENT OF OFFENSE by USA and TROY ANTHONY SMOCKS as to TROY ANTHONY SMOCKS.
- #54 PLEA AGREEMENT as to TROY ANTHONY SMOCKS.
- #57 Unopposed MOTION To Conduct Sentencing in Person by TROY ANTHONY SMOCKS.
- #59 SENTENCING MEMORANDUM by USA as to TROY ANTHONY SMOCKS
- #59 a) Exhibit A
- #59 b) Exhibit B
- #60 SENTENCING MEMORANDUM by TROY ANTHONY SMOCKS
- #64 MOTION to Amend/Correct Sentence by TROY ANTHONY SMOCKS.
- #65 Memorandum in Opposition by USA as to TROY ANTHONY SMOCKS re 64 MOTION to Amend/Correct Sentence
- #66 REPLY TO OPPOSITION to Motion by TROY ANTHONY SMOCKS re 64 MOTION to Amend/Correct Sentence
- #67 JUDGMENT as to TROY ANTHONY SMOCKS. Statement of Reasons Not Included. Signed by Judge Tanya S. Chutkan on 10/22/2021.
- #69 MEMORANDUM OPINION as to TROY ANTHONY SMOCKS. Signed by Judge Tanya S. Chutkan on 12/20/2021.
- #70 ORDER as to TROY ANTHONY SMOCKS: For the reasons stated in the accompanying Memorandum Opinion (ECF No. 69), Defendants Motion to Amend/Correct Sentence (ECF No. 64), is hereby DENIED. Signed by Judge Tanya S. Chutkan on 12/20/2021.
- #72-ORDER_ Granting 71 Probation Petition as to TROY ANTHONY SMOCKS
- #73-NOTICE of Filing by TROY ANTHONY SMOCKS
- #74-MOTION for Leave to File Objection to Probation Petition by TROY ANTHONY SMOCKS
- #75-Memorandum in Opposition by TROY ANTHONY SMOCKS re 71 Probation Petition
- #76-RESPONSE by USA as to TROY ANTHONY SMOCKS
- #77-ORDER
- #78-NOTICE OF APPEAL - Final Judgment by TROY ANTHONY SMOCKS
- #79 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The fee was not paid as the defendant is represented by a CJA appointed attorney as to TROY ANTHONY SMOCKS re 78 Notice of Appeal - Final Judgment
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