Supreme Court of the United States
Smith v. United States
May 24, 1993508 U.S. 223
Summary
The Court, in an opinion by Justice O'Connor joined by Chief Justice Rehnquist and Justices White, Blackmun, Kennedy, and Thomas, held that offering to trade a firearm for cocaine constitutes using a firearm during and in relation to a drug trafficking crime under 18 U.S.C. § 924(c)(1). The statutory language, structure, and purpose encompass using a gun as barter, and the rule of lenity does not require a narrower reading. The Court affirmed Smith's judgment and mandatory 30-year sentence. Justice Blackmun separately concurred to emphasize that the Court left open whether the relational requirement demands more than facilitation. Justice Scalia, joined by Justices Stevens and Souter, dissented, reasoning that the ordinary meaning of using a firearm is using it as a weapon and that any remaining ambiguity should be resolved in Smith's favor.
Holding
- Whether exchanging a firearm for drugs constitutes using a firearm under § 924(c)(1).. Offering a firearm in exchange for drugs constitutes using the firearm; the statute does not require that it be used as a weapon.
- Whether Smith's firearm use occurred during and in relation to a drug trafficking crime.. Smith's proposed exchange satisfied the requirement because the firearm was an integral part of his attempted acquisition of cocaine and furthered the charged drug conspiracy.
- Whether the rule of lenity requires a narrower construction of § 924(c)(1).. The rule of lenity does not exclude using a firearm as barter for drugs.
Docket 91-8674
Cited authorities
- 21 U.S.C. §§ 841
- 18 U.S.C. §§ 922
- 21 U.S.C. § 846
- 18 U.S.C. § 924
- 18 U.S.C. § 2
- 18 U.S.C. § 924
- 26 U.S.C. § 5845
- 18 U.S.C. § 924
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