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Court Opinions ›› Smith v. United States (1993) SUPREME COURT OF THE UNITED STATES No. 91-8674 1993.SCT.3276 , 113 S. Ct. 2050, 124 L. Ed. 2d 138, 61 U.S.L.W. 4503 June 1, 1993 JOHN ANGUS SMITH, PETITIONER v. UNITED STATES ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. 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 . . . 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 "used" as a weapon, but applies to any use of a gun that facilitates in any manner the commission of a drug offense. Issue: Whether the exchange of a gun for narcotics constitutes "use" of a firearm "during and in relation to . . . drug trafficking crime" within the meaning of 18 U.S.C. § 924(c)(1). Held: A criminal who trades his firearm for drugs "uses" it "during and in relation to . . . drug trafficking crime" within the meaning of § 924(c)(1). Opinion by: O'CONNOR When Congress enacted the current version of § 924(c)(1) [using firearms during a drug transaction], 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. [...]

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