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SMITH v. UNITED STATES

No. 91-8674.

508 U.S. 223 (1993)

113 S.Ct. 2050

124 L.Ed.2d 138

SMITH v. UNITED STATES

Supreme Court of United States.

Decided June 1, 1993.

Attorney(s) appearing for the Case

Gary Kollin, by appointment of the Court, 506 U.S. 938, argued the cause and filed a brief for petitioner.

Thomas G. Hungar argued the cause for the United States. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and John F. DePue.

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, p. 241. Scalia, J., filed a dissenting opinion, in which Stevens and Souter, JJ., joined, p. 241.

Justice 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...

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