Smith v. United States, 508 U.S. 223 (1993), is a United States Supreme Court case that held that the exchange of a gun for drugs constituted "use" of the firearm for purposes of a federal statute imposing penalties for "use" of a firearm "during and in relation to" a drug trafficking crime.
| Smith v. United States | |
|---|---|
 | |
| Argued March 23, 1993 Decided June 1, 1993 | |
| Full case name | John Angus Smith, Petitioner v. United States |
| Citations | 508 U.S. 223 (more) 113 S. Ct. 2050; 124 L. Ed. 2d 138; 1993 U.S. LEXIS 3740; 61 U.S.L.W. 4503; 93 Cal. Daily Op. Service 3929; 93 Daily Journal DAR 6966; 7 Fla. L. Weekly Fed. S 326 |
| Case history | |
| Prior | On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit |
| Holding | |
| The exchange of a gun for drugs constitutes "use" of the firearm for purposes of a federal statute imposing penalties for "use" of a firearm "during and in relation to" a drug trafficking crime. | |
| Court membership | |
| |
| Case opinions | |
| Majority | O'Connor, joined by Rehnquist, White, Blackmun, Kennedy, Thomas |
| Concurrence | Blackmun |
| Dissent | Scalia, joined by Stevens, Souter |
In Watson v. United States, 128 S.Ct. 697 (2007) the court later decided that a transaction in the opposite direction does not violate the same statute (i.e., Smith holds that one "uses" a gun by giving it in exchange for drugs, but Watson holds that one does not "use" a gun by receiving it in exchange for drugs).
Statutory Context and Sentencing
editThe defendant exchanged a firearm for cocaine and was convicted of drug trafficking. The prosecution claimed this triggered enhanced sentencing because of the "use" of the gun in the commission of a crime.[1] The defendant stated using a firearm for barter was not covered by the statutory meaning of "use".[2] The Supreme Court had found that in a subsection of the statute, firearms could be 'used' as objects of commerce rather than as weapons, implying that a similar understanding and interpretation of 'used' should apply to the disputed sentence.[3]
See also
editExternal links
edit- Text of Smith v. United States, 508 U.S. 223 (1993) is available from: CourtListener Justia Library of Congress Oyez (oral argument audio)
References
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