For the 2013 Supreme Court case concerning the defense of withdrawal from conspiracy, see Smith v. United States (2013).
Smith v. United States, 508 U.S. 223 (1993), is a United States Supreme Court case that held that the exchange of a gun for drugs constituted "use" of the firearm for purposes of a federal statute imposing penalties for "use" of a firearm "during and in relation to" a drug traffickingcrime.
113 S. Ct. 2050; 124 L. Ed. 2d 138; 1993 U.S. LEXIS 3740; 61 U.S.L.W. 4503; 93 Cal. Daily Op. Service 3929; 93 Daily Journal DAR 6966; 7 Fla. L. Weekly Fed. S 326
The exchange of a gun for drugs constitutes "use" of the firearm for purposes of a federal statute imposing penalties for "use" of a firearm "during and in relation to" a drug trafficking crime.
O'Connor, joined by Rehnquist, White, Blackmun, Kennedy, Thomas
Concurrence
Blackmun
Dissent
Scalia, joined by Stevens, Souter
In Watson v. United States, 128 S.Ct. 697 (2007) the court later decided that a transaction in the opposite direction does not violate the same statute (i.e., Smith holds that one "uses" a gun by giving it in exchange for drugs, but Watson holds that one does not "use" a gun by receiving it in exchange for drugs).
The defendant exchanged a firearm for cocaine and was convicted of drug trafficking. The prosecution claimed this triggered enhanced sentencing because of the "use" of the gun in the commission of a crime.[1] The defendant stated using a firearm for barter was not covered by the statutory meaning of "use".[2] The Supreme Court had found that in a subsection of the statute, firearms could be 'used' as objects of commerce rather than as weapons, implying that a similar understanding and interpretation of 'used' should apply to the disputed sentence.[3]
smith, united, states, 1993, 2013, supreme, court, case, concerning, defense, withdrawal, from, conspiracy, smith, united, states, 2013, smith, united, states, 1993, united, states, supreme, court, case, that, held, that, exchange, drugs, constituted, firearm,. For the 2013 Supreme Court case concerning the defense of withdrawal from conspiracy see Smith v United States 2013 Smith v United States 508 U S 223 1993 is a United States Supreme Court case that held that the exchange of a gun for drugs constituted use of the firearm for purposes of a federal statute imposing penalties for use of a firearm during and in relation to a drug trafficking crime Smith v United StatesSupreme Court of the United StatesArgued March 23 1993Decided June 1 1993Full case nameJohn Angus Smith Petitioner v United StatesCitations508 U S 223 more 113 S Ct 2050 124 L Ed 2d 138 1993 U S LEXIS 3740 61 U S L W 4503 93 Cal Daily Op Service 3929 93 Daily Journal DAR 6966 7 Fla L Weekly Fed S 326Case historyPriorOn writ of certiorari to the United States Court of Appeals for the Eleventh CircuitHoldingThe exchange of a gun for drugs constitutes use of the firearm for purposes of a federal statute imposing penalties for use of a firearm during and in relation to a drug trafficking crime Court membershipChief Justice William Rehnquist Associate Justices Byron White Harry BlackmunJohn P Stevens Sandra Day O ConnorAntonin Scalia Anthony KennedyDavid Souter Clarence ThomasCase opinionsMajorityO Connor joined by Rehnquist White Blackmun Kennedy ThomasConcurrenceBlackmunDissentScalia joined by Stevens SouterIn Watson v United States 128 S Ct 697 2007 the court later decided that a transaction in the opposite direction does not violate the same statute i e Smith holds that one uses a gun by giving it in exchange for drugs but Watson holds that one does not use a gun by receiving it in exchange for drugs Contents 1 Statutory Context and Sentencing 2 See also 3 External links 4 ReferencesStatutory Context and Sentencing editThe defendant exchanged a firearm for cocaine and was convicted of drug trafficking The prosecution claimed this triggered enhanced sentencing because of the use of the gun in the commission of a crime 1 The defendant stated using a firearm for barter was not covered by the statutory meaning of use 2 The Supreme Court had found that in a subsection of the statute firearms could be used as objects of commerce rather than as weapons implying that a similar understanding and interpretation of used should apply to the disputed sentence 3 See also editList of United States Supreme Court cases volume 508 List of United States Supreme Court cases Lists of United States Supreme Court cases by volume List of United States Supreme Court cases by the Rehnquist CourtExternal links editText of Smith v United States 508 U S 223 1993 is available from CourtListener Justia Library of Congress Oyez oral argument audio References edit NLRB v SW Gen Inc 137 S Ct 929 938 39 2017 Babbitt v Sweet Home Chapter of Cmtys for a Great Or 515 U S 687 717 1995 Scalia J dissenting NLRB v SW Gen Inc 137 S Ct 929 938 39 2017 nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Smith v United States 1993 amp oldid 1175149877, wikipedia, wiki, book, books, library,
