Watson v. United States

552 U.S. 74, 128 S. Ct. 579, 169 L. Ed. 2d 472, 2007 U.S. LEXIS 13081
CourtSupreme Court of the United States
DecidedDecember 10, 2007
Docket06-571
StatusPublished
Cited by209 cases

This text of 552 U.S. 74 (Watson v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watson v. United States, 552 U.S. 74, 128 S. Ct. 579, 169 L. Ed. 2d 472, 2007 U.S. LEXIS 13081 (2007).

Opinions

[76]*76Justice Souter

delivered the opinion of the Court.

The question is whether a person who trades his drugs for a gun “uses” a firearm “during and in relation to . . . [a] drug trafficking crime” within the meaning of 18 U. S. C. § 924(c)(1)(A).1 We hold that he does not.

I

A

Section 924(c)(1)(A) sets a mandatory minimum sentence, depending on the facts, for a defendant who, “during and in relation to any crime of violence or drug trafficking crime[,] ... uses or carries a firearm.”2 The statute leaves the term “uses” undefined, though we have spoken to it twice before.

Smith v. United States, 508 U. S. 223 (1993), raised the converse of today’s question, and held 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).” Id., at 241. We rested primarily on the “ordinary or natural meaning” of the verb in context, id., at 228, and understood its common range as going beyond employment as a weapon: “it is both reasonable and normal to say that petitioner ‘used’ his MAC-10 in his drug trafficking offense by trading it for cocaine,” id., at 230.

Two years later, the issue in Bailey v. United States, 516 U. S. 137 (1995), was whether possessing a firearm kept near the scene of drug trafficking is “use” under § 924(c)(1). We looked again to “ordinary or natural” meaning, id., at 145, and decided that mere possession does not amount to “use”: “§ 924(c)(1) requires evidence sufficient to show an active employment of the firearm by the defendant, a use that makes [77]*77the firearm an operative factor in relation to the predicate offense,” id., at 143.3

B

This third case on the reach of § 924(c)(1)(A) began to take shape when petitioner, Michael A. Watson, told a Government informant that he wanted to acquire a gun. On the matter of price, the informant quoted no dollar figure but suggested that Watson could pay in narcotics. Next, Watson met with the informant and an undercover law enforcement agent posing as a firearms dealer, to whom he gave 24 doses of oxycodone hydrocholoride (commonly, OxyContin) for a .50-caliber semiautomatic pistol. When law enforcement officers arrested Watson, they found the pistol in his car, and a later search of his house turned up a cache of prescription medicines, guns, and ammunition. Watson said he got the pistol “to protect his other firearms and drugs.” App. C to Pet. for Cert. 11a.

A federal grand jury indicted him for distributing a Schedule II controlled substance and for “using” the pistol during and in relation to that crime, in violation of § 924(c)(1)(A).4 Watson pleaded guilty across the board, reserving the right to challenge the factual basis for a § 924(c)(1)(A) conviction and the added consecutive sentence of 60 months for using the gun. The Court of Appeals affirmed, 191 Fed. Appx. 326 (CA5 2006) (per curiam), on Circuit precedent foreclosing any argument that Watson had not “used” a firearm, see id., at 327 (citing United States v. Ulloa, 94 F. 3d 949 (CA5 1996), and United States v. Zuniga, 18 F. 3d 1254 (CA5 1994)).

[78]*78We granted certiorari to resolve a conflict among the Circuits on whether a person “uses” a firearm within the meaning of 18 U. S. C. § 924(c)(1)(A) when he trades narcotics to obtain a gun.5 549 U. S. 1251 (2007). We now reverse.

II

The Government’s position that Watson “used” the pistol under § 924(c)(1)(A) by receiving it for narcotics lacks authority in either precedent or regular English. To begin with, neither Smith nor Bailey implicitly decides this case. While Smith held that firearms may be “used” in a barter transaction, even with no violent employment, see 508 U. S., at 241, the case addressed only the trader who swaps his gun for drugs, not the trading partner who ends up with the gun. Bailey, too, is unhelpful, with its rule that a gun must be made use of actively to satisfy § 924(c)(1)(A), as “an operative factor in relation to the predicate offense.” 516 U. S., at 148. The question here is whether it makes sense to say that Watson employed the gun at all; Bailey does not answer it.

[79]*79With no statutory definition or definitive clue, the meaning of the verb “uses” has to turn on the language as we normally speak it, see, e. g., Lopez v. Gonzales, 549 U. S. 47, 53 (2006); Asgrow Seed Co. v. Winterboer, 513 U. S. 179, 187 (1995); FDIC v. Meyer, 510 U. S. 471, 476 (1994); there is no other source of a reasonable inference about what Congress understood when writing or what its words will bring to the mind of a careful reader. So, in Smith we looked for “everyday meaning,” 508 U. S., at 228, revealed in phraseology that strikes the ear as “both reasonable and normal,” id., at 230. See also Bailey, supra, at 145. This appeal to the ordinary leaves the Government without much of a case.

The Government may say that a person “uses” a firearm simply by receiving it in a barter transaction, but no one else would. A boy who trades an apple to get a granola bar is sensibly said to use the apple, but one would never guess which way this commerce actually flowed from hearing that the boy used the granola. Cf. United States v. Stewart, 246 F. 3d 728, 731 (CADC 2001) (“[W]hen a person pays a cashier a dollar for a cup of coffee in the courthouse cafeteria, the customer has not used the coffee. He has only used the dollar bill”). So, when Watson handed over the drugs for the pistol, the informant or the agent6 “used” the pistol to get the drugs, just as Smith held, but regular speech would not say that Watson himself used the pistol in the trade. “A seller does not ‘use’ a buyer’s consideration,” United States v. Westmoreland, 122 F. 3d 431, 436 (CA7 1997), and the Government’s contrary position recalls another case; Lopez, supra, at 56, rejected the Government’s interpretation of 18 U. S. C. § 924(c)(2) because “we do not normally speak or write the Government’s way.”7

[80]*80B

The Government would trump ordinary English with two arguments. First, it relies on Smith for the pertinence of a neighboring provision, 18 U. S. C. § 924

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Bluebook (online)
552 U.S. 74, 128 S. Ct. 579, 169 L. Ed. 2d 472, 2007 U.S. LEXIS 13081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-united-states-scotus-2007.