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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-8674
- --------
- JOHN ANGUS SMITH, PETITIONER v.
- UNITED STATES
- on writ of certiorari to the united states court
- of appeals for the eleventh circuit
- [June 1, 1993]
-
- Justice O'Connor delivered the opinion of the Court.
- We decide today whether the exchange of a gun for
- narcotics constitutes -use- of a firearm -during and in
- relation to . . . [a] drug trafficking crime- within the
- meaning of 18 U. S. C. 924(c)(1). We hold that it does.
-
- I
- Petitioner John Angus Smith and his companion went
- from Tennessee to Florida to buy cocaine; they hoped to
- resell it at a profit. While in Florida, they met
- petitioner's acquaintance, Deborah Hoag. Hoag agreed to,
- and in fact did, purchase cocaine for petitioner. She then
- accompanied petitioner and his friend to her motel room,
- where they were joined by a drug dealer. While Hoag
- listened, petitioner and the dealer discussed petitioner's
- MAC-10 firearm, which had been modified to operate as
- an automatic. The MAC-10 apparently is a favorite
- among criminals. It is small and compact, lightweight,
- and can be equipped with a silencer. Most important of
- all, it can be devastating: A fully automatic MAC-10 can
- fire more than 1,000 rounds per minute. The dealer
- expressed his interest in becoming the owner of a
- MAC-10, and petitioner promised that he would discuss
- selling the gun if his arrangement with another potential
- buyer fell through.
- Unfortunately for petitioner, Hoag had contacts not only
- with narcotics traffickers but also with law enforcement
- officials. In fact, she was a confidential informant.
- Consistent with her post, she informed the Broward
- County Sheriff's Office of petitioner's activities. The
- Sheriff's Office responded quickly, sending an undercover
- officer to Hoag's motel room. Several others were
- assigned to keep the motel under surveillance. Upon
- arriving at Hoag's motel room, the undercover officer
- presented himself to petitioner as a pawnshop dealer.
- Petitioner, in turn, presented the officer with a
- proposition: He had an automatic MAC-10 and silencer
- with which he might be willing to part. Petitioner then
- pulled the MAC-10 out of a black canvas bag and showed
- it to the officer. The officer examined the gun and asked
- petitioner what he wanted for it. Rather than asking for
- money, however, petitioner asked for drugs. He was
- willing to trade his MAC-10, he said, for two ounces of
- cocaine. The officer told petitioner that he was just a
- pawnshop dealer and did not distribute narcotics.
- Nonetheless, he indicated that he wanted the MAC-10
- and would try to get the cocaine. The officer then left,
- promising to return within an hour.
- Rather than seeking out cocaine as he had promised,
- the officer returned to the Sheriff's Office to arrange for
- petitioner's arrest. But petitioner was not content to wait.
- The officers who were conducting surveillance saw him
- leave the motel room carrying a gun bag; he then climbed
- into his van and drove away. The officers reported
- petitioner's departure and began following him. When law
- enforcement authorities tried to stop petitioner, he led
- them on a high-speed chase. Petitioner eventually was
- apprehended.
- Petitioner, it turns out, was well armed. A search of
- his van revealed the MAC-10 weapon, a silencer,
- ammunition, and a -fast-feed- mechanism. In addition,
- the police found a MAC-11 machine gun, a loaded .45
- caliber pistol, and a .22 caliber pistol with a scope and
- homemade silencer. Petitioner also had a loaded 9
- millimeter handgun in his waistband.
- A grand jury sitting in the District Court for the
- Southern District of Florida returned an indictment
- charging petitioner with, among other offenses, two drug
- trafficking crimes-conspiracy to possess cocaine with
- intent to distribute and attempt to possess cocaine with
- intent to distribute in violation of 21 U. S. C. 841(a)(1),
- 846, and 18 U. S. C. 2. App. 3-9. Most important here,
- the indictment alleged that petitioner knowingly used the
- MAC-10 and its silencer during and in relation to a drug
- trafficking crime. Id., at 4-5. Under 18 U. S. C.
- 924(c)(1), a defendant who so uses a firearm must be
- sentenced to five years' incarceration. And where, as
- here, the firearm is a -machinegun- or is fitted with a
- silencer, the sentence is 30 years. See 924(c)(1) (-if the
- firearm is a machinegun, or is equipped with a firearm
- silencer,- the sentence is -thirty years-); 921(a)(23), 26
- U. S. C. 5845(b) (term -machinegun- includes automatic
- weapons). The jury convicted petitioner on all counts.
- On appeal, petitioner argued that 924(c)(1)'s penalty
- for using a firearm during and in relation to a drug
- trafficking offense covers only situations in which the
- firearm is used as a weapon. According to petitioner, the
- provision does not extend to defendants who use a firearm
- solely as a medium of exchange or for barter. The Court
- of Appeals for the Eleventh Circuit disagreed. 957 F. 2d
- 835 (1992). The plain language of the statute, the court
- explained, imposes no requirement that the firearm be
- used as a weapon. Instead, any use of -the weapon to
- facilitate in any manner the commission of the offense-
- suffices. Id., at 837 (internal quotation marks omitted).
- Shortly before the Eleventh Circuit decided this case,
- the Court of Appeals for the District of Columbia Circuit
- arrived at the same conclusion. United States v. Harris,
- 294 U. S. App. D. C. 300, 315-316, 959 F. 2d 246,
- 261-262 (per curiam), cert. denied, 506 U. S. ___ (1992).
- In United States v. Phelps, 877 F. 2d 28 (1989), however,
- the Court of Appeals for the Ninth Circuit held that
- trading a gun in a drug-related transaction could not
- constitute use of a firearm during and in relation to a
- drug trafficking offense within the meaning of 924(c)(1).
- We granted certiorari to resolve the conflict among the
- circuits. 506 U. S. ___ (1992). We now affirm.
-
- II
- Section 924(c)(1) requires the imposition of specified
- penalties if the defendant, -during and in relation to any
- crime of violence or drug trafficking crime[,] uses or
- carries a firearm.- By its terms, the statute requires the
- prosecution to make two showings. First, the prosecution
- must demonstrate that the defendant -use[d] or carrie[d]
- a firearm.- Second, it must prove that the use or carrying
- was -during and in relation to- a -crime of violence or
- drug trafficking crime.-
- A
- Petitioner argues that exchanging a firearm for drugs
- does not constitute -use- of the firearm within the
- meaning of the statute. He points out that nothing in the
- record indicates that he fired the MAC-10, threatened
- anyone with it, or employed it for self-protection. In
- essence, petitioner argues that he cannot be said to have
- -use[d]- a firearm unless he used it as a weapon, since
- that is how firearms most often are used. See 957 F. 2d,
- at 837 (firearm often facilitates drug offenses by protecting
- drugs or protecting or emboldening the defendant). Of
- course, 924(c)(1) is not limited to those cases in which
- a gun is used; it applies with equal force whenever a gun
- is -carrie[d].- In this case, however, the indictment
- alleged only that petitioner -use[d]- the MAC-10. App.
- 4. Accordingly, we do not consider whether the evidence
- might support the conclusion that petitioner carried the
- MAC-10 within the meaning of 924(c)(1). Instead we
- confine our discussion to what the parties view as the
- dispositive issue in this case: whether trading a firearm
- for drugs can constitute -use- of the firearm within the
- meaning of 924(c)(1).
- When a word is not defined by statute, we normally
- construe it in accord with its ordinary or natural meaning.
- See Perrin v. United States, 444 U. S. 37, 42 (1979)
- (words not defined in statute should be given ordinary or
- common meaning). Accord, post, at 1 (-In the search for
- statutory meaning, we give nontechnical words and
- phrases their ordinary meaning-). Surely petitioner's
- treatment of his MAC-10 can be described as -use- within
- the every day meaning of that term. Petitioner -used- his
- MAC-10 in an attempt to obtain drugs by offering to
- trade it for cocaine. Webster's defines -to use- as -[t]o
- convert to one's service- or -to employ.- Webster's New
- International Dictionary of English Language 2806 (2d ed.
- 1949). Black's Law Dictionary contains a similar
- definition: -[t]o make use of; to convert to one's service;
- to employ; to avail oneself of; to utilize; to carry out a
- purpose or action by means of.- Black's Law Dictionary
- 1541 (6th ed. 1990). Indeed, over 100 years ago we gave
- the word -use- the same gloss, indicating that it means
- -`to employ'- or -`to derive service from.'- Astor v.
- Merritt, 111 U. S. 202, 213 (1884). Petitioner's handling
- of the MAC-10 in this case falls squarely within those
- definitions. By attempting to trade his MAC-10 for the
- drugs, he -used- or -employed- it as an item of barter to
- obtain cocaine; he -derived service- from it because it was
- going to bring him the very drugs he sought.
- In petitioner's view, 924(c)(1) should require proof not
- only that the defendant used the firearm but also that he
- used it as a weapon. But the words -as a weapon-
- appear nowhere in the statute. Rather, 924(c)(1)'s
- language sweeps broadly, punishing any -us[e]- of a
- firearm, so long as the use is -during and in relation to-
- a drug trafficking offense. See United States v. Long, 284
- U. S. App. D. C. 405, 409-410, 905 F. 2d 1572, 1576-1577
- (Thomas, J.) (although not without limits, the word -use-
- is -expansive- and extends even to situations where the
- gun is not actively employed), cert. denied, 498 U. S. 948
- (1990). Had Congress intended the narrow construction
- petitioner urges, it could have so indicated. It did not,
- and we decline to introduce that additional requirement
- on our own.
- Language, of course, cannot be interpreted apart from
- context. The meaning of a word that appears ambiguous
- if viewed in isolation may become clear when the word is
- analyzed in light of the terms that surround it.
- Recognizing this, petitioner and the dissent argue that the
- word -uses- has a somewhat reduced scope in 924(c)(1)
- because it appears alongside the word -firearm.-
- Specifically, they contend that the average person on the
- street would not think immediately of a guns-for-drugs
- trade as an example of -us[ing] a firearm.- Rather, that
- phrase normally evokes an image of the most familiar use
- to which a firearm is put-use as a weapon. Petitioner
- and the dissent therefore argue that the statute excludes
- uses where the weapon is not fired or otherwise employed
- for its destructive capacity. See post, at 2-4. Indeed,
- relying on that argument-and without citation to
- authority-the dissent announces its own, restrictive
- definition of -use.- -To use an instrumentality,- the
- dissent argues, -ordinarily means to use it for its intended
- purpose.- Post, at 1-2.
- There is a significant flaw to this argument. It is one
- thing to say that the ordinary meaning of -uses a firearm-
- includes using a firearm as a weapon, since that is the
- intended purpose of a firearm and the example of -use-
- that most immediately comes to mind. But it is quite
- another to conclude that, as a result, the phrase also
- excludes any other use. Certainly that conclusion does not
- follow from the phrase -uses . . . a firearm- itself. As the
- dictionary definitions and experience make clear, one can
- use a firearm in a number of ways. That one example of
- -use- is the first to come to mind when the phrase -uses
- . . . a firearm- is uttered does not preclude us from
- recognizing that there are other -uses- that qualify as
- well. In this case, it is both reasonable and normal to
- say that petitioner -used- his MAC-10 in his drug
- trafficking offense by trading it for cocaine; the dissent
- does not contend otherwise. Post, at 2.
- The dissent's example of how one might -use- a cane,
- post, at 2, suffers from a similar flaw. To be sure, -use-
- as an adornment in a hallway is not the first -use- of a
- cane that comes to mind. But certainly it does not follow
- that the only -use- to which a cane might be put is
- assisting one's grandfather in walking. Quite the
- opposite: The most infamous use of a cane in American
- history had nothing to do with walking at all, see J.
- McPherson, Battle Cry of Freedom 150 (1988) (describing
- the caning of Senator Sumner in the United States Senate
- in 1856); and the use of a cane as an instrument of
- punishment was once so common that -to cane- has
- become a verb meaning -[t]o beat with a cane.- Webster's
- New International Dictionary of English Language, supra,
- at 390. In any event, the only question in this case is
- whether the phrase -uses . . . a firearm- in 924(c)(1) is
- most reasonably read as excluding the use of a firearm in
- a gun-for-drugs trade. The fact that the phrase clearly
- includes using a firearm to shoot someone, as the dissent
- contends, does not answer it.
- The dissent relies on one authority, the United States
- Sentencing Commission, Guidelines Manual (Nov. 1992),
- as -reflect[ing]- its interpretation of the phrase -uses . . .
- a firearm.- See post, at 2-3. But the Guidelines do not
- define -using a firearm- as using it for its intended
- purposes, which the dissent apparently assumes are
- limited to firing, brandishing, displaying, and possessing.
- In fact, if we entertain for the moment the dubious
- assumption that the Sentencing Guidelines are relevant
- in the present context, they support the opposite view.
- Section 2B3.1(b)(2), upon which the dissent relies, post, at
- 3, provides for increases in a defendant's offense level, and
- therefore his sentence, if the offense involved a firearm.
- The extent of the adjustment varies according to the
- nature of the gun's involvement. There is a seven-point
- upward adjustment if the firearm -was discharged,-
- 2B3.1(b)(2)(A); a six-point enhancement if a gun was
- -otherwise used,- 2B3.1(b)(2)(B) (emphasis added); and a
- five-point adjustment if the firearm was brandished,
- displayed, or possessed, 2B3.1(b)(2)(C). Unless the six-
- point enhancement for -othe[r] use[s]- is mere surplusage,
- then there must be -uses- for a firearm other than its
- -intended purposes- of firing, brandishing, displaying, or
- possessing. The dissent points out that there may be
- some uses that are not firing or brandishing but constitute
- use as a weapon nonetheless. See post, at 4, n. 2. But
- nothing in 2B3.1(b)(2)(B) suggests that the phrase
- -othe[r] use[s]- must be so limited. On the contrary, it
- is perfectly reasonable to construe 2B3.1(b)(2)(B) as
- including uses, such as trading and bludgeoning, that do
- not constitute use for the firearm's -intended purpose.-
- It is true that the Guidelines commentary defines
- -`[o]therwise used'- as conduct that falls short of
- -`discharg[ing] a firearm but [is] more than brandishing,
- displaying, or possessing [it].'- Post, at 3 (quoting USSG
- 1B1.1, comment., n. 1(g)). That definition, however,
- simply reflects the peculiar hierarchy of culpability
- established in USSG 2B3.1(b)(2). It clarifies that
- between the most culpable conduct of discharging the
- firearm and less culpable actions such as -brandishing,
- displaying, or possessing,- lies a category of -othe[r]
- use[s]- for which the Guidelines impose intermediate
- punishment. It does not by its terms exclude from its
- scope trading, bludgeoning, or any other use beyond the
- firearm's -intended purpose.-
- We are not persuaded that our construction of the
- phrase -uses . . . a firearm- will produce anomalous
- applications. See post, at 2 (example of using a gun to
- scratch one's head). As we already have noted, see supra,
- at 4, and will explain in greater detail later, infra, at
- 14-16, 924(c)(1) requires not only that the defendant
- -use- the firearm, but also that he use it -during and in
- relation to- the drug trafficking crime. As a result, the
- defendant who -uses- a firearm to scratch his head, see
- post, at 2, or for some other innocuous purpose, would
- avoid punishment for that conduct altogether: Although
- scratching one's head with a gun might constitute -use,-
- that action cannot support punishment under 924(c)(1)
- unless it facilitates or furthers the drug crime; that the
- firearm served to relieve an itch is not enough. See infra,
- at 14-16 (phrase -in relation to- requires, at a minimum,
- that the use facilitate the crime). Such a defendant would
- escape the six-point enhancement provided in USSG
- 2B3.1(b)(2)(B) as well. As the Guidelines definition of
- -[o]therwise use[d]- makes clear, see USSG 1B1.1,
- comment., n. 1(g), the six-point enhancement does not
- apply unless the use is -more than- brandishing. While
- pistol-whipping a victim with a firearm might be -more
- than- brandishing, scratching one's head is not.
- In any event, the -intended purpose- of a firearm is not
- that it be used in any offensive manner whatever, but
- rather that it be used in a particular fashion-by firing
- it. The dissent's contention therefore cannot be that the
- defendant must use the firearm -as a weapon,- but rather
- that he must fire it or threaten to fire it, -as a gun.-
- Under the dissent's approach, then, even the criminal who
- pistol-whips his victim has not used a firearm within the
- meaning of 924(c)(1), for firearms are intended to be fired
- or brandished, not used as bludgeons. It appears that the
- dissent similarly would limit the scope of the -othe[r]
- use[s]- covered by USSG 2B3.1(b)(2)(B). The universal
- view of the courts of appeals, however, is directly to the
- contrary. No court of appeals ever has held that using
- a gun to pistol-whip a victim is anything but the -use- of
- a firearm; nor has any court ever held that trading a
- firearm for drugs falls short of being the -use- thereof.
- But cf. Phelps, 877 F. 2d, at 30 (holding that trading a
- gun for drugs is not use -in relation to- a drug trafficking
- offense).
- To the extent there is uncertainty about the scope of
- the phrase -uses . . . a firearm- in 924(c)(1), we believe
- the remainder of 924 appropriately sets it to rest. Just
- as a single word cannot be read in isolation, nor can a
- single provision of a statute. As we have recognized:
- -Statutory construction . . . is a holistic endeavor. A
- provision that may seem ambiguous in isolation is
- often clarified by the remainder of the statutory
- scheme-because the same terminology is used
- elsewhere in a context that makes its meaning clear,
- or because only one of the permissible meanings
- produces a substantive effect that is compatible with
- the rest of the law.- United Savings Assn. of Texas
- v. Timbers of Inwood Forest Associates, Ltd., 484 U. S.
- 365, 371 (1988) (citations omitted).
- Here, Congress employed the words -use- and -firearm-
- together not only in 924(c)(1), but also in 924(d)(1),
- which deals with forfeiture of firearms. See United States
- v. One Assortment of 89 Firearms, 465 U. S. 354 (1984)
- (discussing earlier version of the statute). Under
- 924(d)(1), any -firearm or ammunition intended to be
- used- in the various offenses listed in 924(d)(3) is subject
- to seizure and forfeiture. Consistent with petitioner's
- interpretation, 924(d)(3) lists offenses in which guns
- might be used as offensive weapons. See 924(d)(3)(A),
- (B) (weapons used in a crime of violence or drug
- trafficking offense). But it also lists offenses in which the
- firearm is not used as a weapon but instead as an item
- of barter or commerce. For example, any gun intended
- to be -used- in an interstate -transfer, s[ale], trade, gi[ft],
- transport, or deliver[y]- of a firearm prohibited under
- 922(a)(5) where there is a pattern of such activity, see
- 924(d)(3)(C), or in a federal offense involving -the
- exportation of firearms,- 924(d)(3)(F), is subject to
- forfeiture. In fact, none of the offenses listed in four of
- the six subsections of 924(d)(3) involves the bellicose use
- of a firearm; each offense involves use as an item in
- commerce. Thus, it is clear from 924(d)(3) that one
- who transports, exports, sells, or trades a firearm -uses-
- it within the meaning of 924(d)(1)-even though those
- actions do not involve using the firearm as a weapon.
- Unless we are to hold that using a firearm has a different
- meaning in 924(c)(1) than it does in 924(d)-and clearly
- we should not, United Savings Assn., supra, at 371-we
- must reject petitioner's narrow interpretation.
- The evident care with which Congress chose the
- language of 924(d)(1) reinforces our conclusion in this
- regard. Although 924(d)(1) lists numerous firearm-
- related offenses that render guns subject to forfeiture,
- Congress did not lump all of those offenses together and
- require forfeiture solely of guns -used- in a prohibited
- activity. Instead, it carefully varied the statutory
- language in accordance with the guns' relation to the
- offense. For example, with respect to some crimes, the
- firearm is subject to forfeiture not only if it is -used- but
- also if it is -involved in- the offense. 924(d)(1).
- Examination of the offenses to which the -involved in-
- language applies reveals why Congress believed it
- necessary to include such an expansive term. One of the
- listed offenses, violation 922(a)(6), is the making of a
- false statement material to the lawfulness of a gun's
- transfer. Because making a material misstatement in
- order to acquire or sell a gun is not -use- of the gun even
- under the broadest definition of the word -use,- Congress
- carefully expanded the statutory language. As a result,
- a gun with respect to which a material misstatement is
- made is subject to forfeiture because, even though the gun
- is not -used- in the offense, it is -involved in- it.
- Congress, however, did not so expand the language for
- offenses in which firearms were -intended to be used,-
- even though the firearms in many of those offenses
- function as items of commerce rather than as weapons.
- Instead, Congress apparently was of the view that one
- could use a gun by trading it. In light of the common
- meaning of the word -use- and the structure and language
- of the statute, we are not in any position to disagree.
- The dissent suggests that our interpretation produces
- a -strange dichotomy- between -using- a firearm and
- -carrying- one. Post, at 5-6. We do not see why that is
- so. Just as a defendant may -use- a firearm within the
- meaning of 924(c)(1) by trading it for drugs or using it
- to shoot someone, so too would a defendant -carry- the
- firearm by keeping it on his person whether he intends
- to exchange it for cocaine or fire it in self-defense. The
- dichotomy arises, if at all, only when one tries to extend
- the phrase -uses . . . a firearm- to any use -for any
- purpose whatever.- Ibid. For our purposes, it is
- sufficient to recognize that, because 924(d)(1) includes
- both using a firearm for trade and using a firearm as a
- weapon as -us[ing] a firearm,- it is most reasonable to
- construe 924(c)(1) as encompassing both of those -uses-
- as well.
- Finally, it is argued that 924(c)(1) originally dealt with
- use of a firearm during crimes of violence; the provision
- concerning use of a firearm during and in relation to drug
- trafficking offenses was added later. Post, at 6. From
- this, the dissent infers that -use- originally was limited
- to use of a gun -as a weapon.- That the statute in its
- current form employs the term -use- more broadly is
- unimportant, the dissent contends, because the addition
- of the words -`drug trafficking crime' would have been a
- peculiar way to expand its meaning.- Ibid. Even if we
- assume that Congress had intended the term -use- to
- have a more limited scope when it passed the original
- version of 924(c) in 1968, but see supra, at 6-8, we
- believe it clear from the face of the statute that the
- Congress that amended 924(c) in 1986 did not. Rather,
- the 1986 Congress employed the term -use- expansively,
- covering both use as a weapon, as the dissent admits, and
- use as an item of trade or barter, as an examination of
- 924(d) demonstrates. Because the phrase -uses . . . a
- firearm- is broad enough in ordinary usage to cover use
- of a firearm as an item of barter or commerce, Congress
- was free in 1986 so to employ it. The language and
- structure of 924 indicates that Congress did just that.
- Accordingly, we conclude that using a firearm in a guns-
- for-drugs trade may constitute -us[ing] a firearm- within
- the meaning of 924(c)(1).
- B
- Using a firearm, however, is not enough to subject the
- defendant to the punishment required by 924(c)(1).
- Instead, the firearm must be used -during and in relation
- to- a -crime of violence or drug trafficking crime.- 18
- U. S. C. 924(c)(1). Petitioner does not deny that the
- alleged use occurred -during- a drug trafficking crime.
- Nor could he. The indictment charged that petitioner and
- his companion conspired to possess cocaine with intent to
- distribute. App. 3-4. There can be no doubt that the
- gun-for-drugs trade was proposed during and in
- furtherance of that interstate drug conspiracy. Nor can
- it be contended that the alleged use did not occur during
- the -attempt- to possess cocaine with which petitioner also
- was charged, id., at 4; the MAC-10 served as an
- inducement to convince the undercover officer to provide
- petitioner with the drugs that petitioner sought.
- Petitioner, however, does dispute whether his use of the
- firearm was -in relation to- the drug trafficking offense.
- The phrase -in relation to- is expansive, cf. District of
- Columbia v. Greater Washington Board of Trade, 506
- U. S. ___, ____ (1992) (slip op., at 4) (the phrase -relate
- to- is -deliberately expansive- (internal quotation marks
- omitted)), as the courts of appeals construing 924(c)(1)
- have recognized, United States v. Phelps, 877 F. 2d, at
- 30 (-[t]he phrase `in relation to' is broad-); United States
- v. Harris, 294 U. S. App. D. C., at 315, 959 F. 2d, at 261
- (per curiam) (firearm is used -in relation to- the crime if
- it -facilitate[s] the predicate offense in some way-).
- Nonetheless, the phrase does illuminate 924(c)(1)'s
- boundaries. According to Webster's, -in relation to- means
- -with reference to- or -as regards.- Webster's New
- International Dictionary of the English Language, at 2102.
- The phrase -in relation to- thus, at a minimum, clarifies
- that the firearm must have some purpose or effect with
- respect to the drug trafficking crime; its presence or
- involvement cannot be the result of accident or
- coincidence. As one court has observed, the -in relation
- to- language -allay[s] explicitly the concern that a person
- could be- punished under 924(c)(1) for committing a drug
- trafficking offense -while in possession of a firearm- even
- though the firearm's presence is coincidental or entirely
- -unrelated- to the crime. United States v. Stewart, 779
- F. 2d 538, 539 (CA9 1985) (Kennedy, J.). Instead, the
- gun at least must -facilitat[e], or ha[ve] the potential of
- facilitating,- the drug trafficking offense. Id., at 540.
- Accord, United States v. Ocampo, 890 F. 2d 1363,
- 1371-1372 (CA7 1989); 957 F. 2d, at 837.
- We need not determine the precise contours of the -in
- relation to- requirement here, however, as petitioner's use
- of his MAC-10 meets any reasonable construction of it.
- The MAC-10's presence in this case was not the product
- of happenstance. On the contrary, -[f]ar more than [in]
- the ordinary case- under 924(c)(1), in which the gun
- merely facilitates the offense by providing a means of
- protection or intimidation, here -the gun . . . was an
- integral part of the transaction.- United States v. Phelps,
- 895 F. 2d 1281, 1283 (CA9 1990) (Kozinski, J., dissenting
- from denial of rehearing en banc). Without it, the deal
- would not have been possible. The undercover officer
- posing as a pawnshop dealer expressly told petitioner that
- he was not in the narcotics business and that he did not
- get involved with drugs. For a MAC-10, however, he was
- willing to see if he could track down some cocaine.
- Relying on the decision of the Court of Appeals for the
- Ninth Circuit in Phelps and on the legislative record,
- petitioner insists that the relationship between the gun
- and the drug offense in this case is not the type of
- connection Congress contemplated when it drafted
- 924(c)(1). With respect to that argument, we agree with
- the District of Columbia Circuit's observation:
- -It may well be that Congress, when it drafted the
- language of []924(c), had in mind a more obvious use
- of guns in connection with a drug crime, but the
- language [of the statute] is not so limited[;] nor can
- we imagine any reason why Congress would not have
- wished its language to cover this situation. Whether
- guns are used as the medium of exchange for drugs
- sold illegally or as a means to protect the transaction
- or dealers, their introduction into the scene of drug
- transactions dramatically heightens the danger to
- society.- Harris, supra, at 316, 959 F. 2d, at 262.
- One need look no further than the pages of the Federal
- Reporter to verify the truth of that observation. In
- Phelps, supra, the defendant arranged to trade his
- MAC-10 for chemicals necessary to make methampheta-
- mine. The Ninth Circuit held that the gun was not used
- or carried -in relation to- the drug trafficking offense
- because it was used as an item of barter and not as a
- weapon. The defendant, however, did not believe his
- MAC-10's capabilities were so limited. When he was
- stopped for a traffic violation, -[t]he MAC 10, suddenly
- transmogrified [from an item of commerce] into an
- offensive weapon, was still in [the defendant's]
- possession[.] [He] opened fire and shot a deputy sheriff.-
- Id., at 1288, n. 4 (Kozinski, J., dissenting from denial of
- rehearing en banc).
- C
- Finally, the dissent and petitioner invoke the rule of
- lenity. Post, at 6-7. The mere possibility of articulating
- a narrower construction, however, does not by itself make
- the rule of lenity applicable. Instead, that venerable rule
- is reserved for cases where, -[a]fter `seiz[ing] every thing
- from which aid can be derived,'- the Court is -left with
- an ambiguous statute.- United States v. Bass, 404 U. S.
- 336, 347 (1971) (quoting United States v. Fisher, 2 Cranch
- 358, 386 (1805)). Accord, Moskal v. United States, 498
- U. S. 103, 108 (1990). This is not such a case. Not only
- does petitioner's use of his MAC-10 fall squarely within
- the common usage and dictionary definitions of the terms
- -uses . . . a firearm,- but Congress affirmatively demon-
- strated that it meant to include transactions like peti-
- tioner's as -us[ing] a firearm- by so employing those terms
- in 924(d).
- Imposing a more restrictive reading of the phrase -uses
- . . . a firearm- does violence not only to the structure and
- language of the statute, but to its purpose as well. When
- Congress enacted the current version of 924(c)(1), it was
- no doubt aware that drugs and guns are a dangerous
- combination. In 1989, 56 percent of all murders in New
- York City were drug related; during the same period, the
- figure for the Nation's Capital was as high as 80 percent.
- The American Enterprise 100 (Jan.-Feb. 1991). The fact
- that a gun is treated momentarily as an item of commerce
- does not render it inert or deprive it of destructive
- capacity. Rather, as experience demonstrates, it can be
- converted instantaneously from currency to cannon. See
- supra, at 16. We therefore see no reason why Congress
- would have intended courts and juries applying 924(c)(1)
- to draw a fine metaphysical distinction between a gun's
- role in a drug offense as a weapon and its role as an item
- of barter; it creates a grave possibility of violence and
- death in either capacity.
- We have observed that the rule of lenity -cannot dictate
- an implausible interpretation of a statute, nor one at odds
- with the generally accepted contemporary meaning of a
- term.- Taylor v. United States, 495 U. S. 575, 596 (1990).
- That observation controls this case. Both a firearm's use
- as a weapon and its use as an item of barter fall within
- the plain language of 924(c)(1), so long as the use occurs
- during and in relation to a drug trafficking offense; both
- must constitute -uses- of a firearm for 924(d)(1) to make
- any sense at all; and both create the very dangers and
- risks that Congress meant 924(c)(1) to address. We
- therefore hold that a criminal who trades his firearm for
- drugs -uses- it during and in relation to a drug trafficking
- offense within the meaning of 924(c)(1). Because the
- evidence in this case showed that petitioner -used- his
- MAC-10 machine gun and silencer in precisely such a
- manner, proposing to trade them for cocaine, petitioner
- properly was subjected to 924(c)(1)'s 30-year mandatory
- minimum sentence. The judgment of the Court of
- Appeals, accordingly, is affirmed.
- It is so ordered.
-