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WATSON v. U.S.

No. 06-571.

128 S.Ct. 579 (2007)

552 U.S. 74

169 L.Ed.2d 472

Michael A. WATSON, Petitioner, v. UNITED STATES.

Supreme Court of United States.

Decided December 10, 2007.

Attorney(s) appearing for the Case

Karl J. Koch, Baton Rouge, LA, for petitioner.

Deanne E. Maynard, for respondent.

Daniel R. Ortiz, Charlottesville, VA, Karl J. Koch, McGlynn, Glisson & Koch, Baton Rouge, LA, Mark T. Stancil, Counsel of Record, Robbins, Russell, Englert, Orseck & Untereiner LLP, Washington, DC, David T. Goldberg, Donahue & Goldberg, LLP, Washington, DC, for petitioner.

Paul D. Clement, Solicitor General, Counsel of Record, Alice S. Fisher, Assistant Attorney General, Michael R. Dreeben, Deputy Solicitor General, Deanne E. Maynard, Assistant to the Solicitor General, William C. Brown, Attorney, Department of Justice, Washington, D.C., for U.S.

Justice 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...

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