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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- SMITH v. UNITED STATES
- certiorari to the united states court of appeals for
- the eleventh circuit
- No. 91-8674. Argued March 23, 1993-Decided June 1, 1993
-
- After petitioner Smith offered to trade an automatic weapon to an
- undercover officer for cocaine, he was charged with numerous
- firearm and drug trafficking offenses. Title 18 U. S. C. 924(c)(1)
- requires the imposition of specified penalties if the defendant,
- ``during and in relation to . . . [a] drug trafficking crime[,] uses . . . a
- firearm.'' In affirming Smith's conviction and sentence, the Court of
- Appeals held that 924(c)(1)'s plain language imposes no requirement
- that a firearm be ``use[d]'' as a weapon, but applies to any use of a
- gun that facilitates in any manner the commission of a drug offense.
- Held: A criminal who trades his firearm for drugs ``uses'' it ``during and
- in relation to . . . [a] drug trafficking crime'' within the meaning of
- 924(c)(1). Pp. 4-17.
- (a) Section 924's language and structure establish that exchanging
- a firearm for drugs may constitute ``use'' within 924(c)(1)'s meaning.
- Smith's handling of his gun falls squarely within the everyday
- meaning and dictionary definitions of ``use.'' Had Congress intended
- 924(c)(1) to require proof that the defendant not only used his
- firearm but used it in a specific manner-as a weapon-it could have
- so indicated in the statute. However, Congress did not. The fact that
- the most familiar example of ``us[ing] . . . a firearm'' is ``use'' as a
- weapon does not mean that the phrase excludes all other ways in
- which a firearm might be used. The United States Sentencing
- Guidelines, even if the Court were to assume their relevance in the
- present context, do not support the dissent's narrow interpretation
- that ``to use'' a firearm can mean only to use it for its intended
- purposes, such as firing and brandishing, since Guidelines Manual
- 2B3.1(b)(2) explicitly contemplates ``othe[r] use[s]'' that are not
- limited to the intended purposes identified by the dissent. The
- dissent's approach, moreover, would exclude the use of a gun to
- pistol-whip a victim as the intended purpose of a gun is that it be
- fired or brandished, not that it be used as a bludgeon. In addition,
- Congress affirmatively demonstrated that it meant to include
- transactions like Smith's as ``us[ing] a firearm'' within the meaning of
- 924(c)(1) by employing similar language in 924(d)(1), which
- subjects to forfeiture any ``firearm . . . intended to be used'' in various
- listed offenses. Many of the listed offenses involve ``using'' the
- firearm not as a weapon but as an item of barter or commerce. Thus,
- even if 924(c)(1), as originally enacted, applied only to use of a
- firearm during crimes of violence, it is clear from the face of the
- statute that ``use'' is not presently limited to use as a weapon, but is
- broad enough to cover use for trade. Pp. 4-13.
- (b) Smith's use of his firearm was ``during and in relation to'' a
- drug trafficking crime. Smith does not, and cannot, deny that the
- alleged use occurred ``during'' such a crime. And there can be little
- doubt that his use was ``in relation to'' the offense. That phrase has a
- dictionary meaning of ``with reference to'' or ``as regards'' and, at a
- minimum, clarifies that the firearm must have some purpose or effect
- with respect to the drug crime. Thus, its presence or involvement
- cannot be the result of accident or coincidence, and it at least must
- facilitate or have the purpose of facilitating the drug offense. Here,
- the firearm was an integral part of the drug transaction, which would
- not have been possible without it. There is no reason why Congress
- would not have wanted its language to cover this situation, since the
- introduction of guns into drug transactions dramatically heightens
- the danger to society, whether the guns are used as a medium of
- exchange or as protection for the transactions or dealers. Pp. 13-16.
- (c) Smith's invocation of the rule of lenity is rejected. Imposing a
- narrower construction of 924(c)(1) than the one herein adopted
- would do violence not only to the statute's plain language and
- structure, but also to its purpose of addressing the heightened risk of
- violence and death that accompanies the introduction of firearms to
- drug trafficking offenses. Pp. 16-18.
- 957 F. 2d 835, affirmed.
- O'Connor, J., delivered the opinion of the Court, in which
- Rehnquist, C. J., and White, Blackmun, Kennedy, and Thomas, JJ.,
- joined. Blackmun, J., filed a concurring opinion. Scalia, J., filed a
- dissenting opinion, in which Stevens and Souter, JJ., joined.
-