Smith v. United States

508 U.S. 223, 113 S. Ct. 2050, 124 L. Ed. 2d 138, 1993 U.S. LEXIS 3740
Supreme Court of the United States·Decided August 9, 1993·No. 91-8674·Published·Cited by 1,463 cases

Opinions

[225]*225Justice 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 [226]*226then 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 fire[227]*227arm must be sentenced to five years’ incarceration. And where, as here, the firearm is a “maehinegun” or is fitted with a silencer, the sentence is 30 years. See § 924(c)(1) (“[I]f the firearm is a maehinegun, or is equipped with a firearm silencer,” the sentence is “thirty years”); § 921(a) (23), 26 U. S. C. § 5845(b) (term “maehinegun” includes automatic weapons). The jury convicted petitioner on all counts.

On appeal, petitioner argued that § 924(c)(l)’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 euriam), cert. denied, 506 U. S. 932 (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(e)(1). We granted certiorari to resolve the conflict among the Circuits. 506 U. S. 814 (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 [228]*228make 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).

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Smith v. United States, 508 U.S. 223, 113 S. Ct. 2050, 124 L. Ed. 2d 138, 1993 U.S. LEXIS 3740 (1993).

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