Smith v. United States (1993)
1993 United States Supreme Court case / From Wikipedia, the free encyclopedia
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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.
Quick Facts Smith v. United States, Argued March 23, 1993 Decided June 1, 1993 ...
Smith v. United States | |
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Argued March 23, 1993 Decided June 1, 1993 | |
Full case name | John Angus Smith, Petitioner v. United States |
Citations | 508 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 326 |
Case history | |
Prior | On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit |
Holding | |
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. | |
Court membership | |
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Case opinions | |
Majority | O'Connor, joined by Rehnquist, White, Blackmun, Kennedy, Thomas |
Concurrence | Blackmun |
Dissent | Scalia, joined by Stevens, Souter |
Close
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).