John Angus Smith v. United States (508 U.S. 223)
U.S. Supreme Court · decided May 24, 1993 · Supreme Court Database (Spaeth)
- Citation
- 508 U.S. 223 · 113 S. Ct. 2050
- Decided
- May 24, 1993
- Term
- October Term 1992
- Vote
- 6–3
- Majority author
- Justice O'Connor
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
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. While in Florida, they met petitioner’s acquaintance, Deborah Hoag. Hoag agreed to, and in fact did, purchase cocaine for petitioner. She then accompanied petitioner and his friend to her motel room, where they were joined by a drug dealer. While Hoag listened, petitioner and the dealer discussed petitioner’s MAC-10 firearm, which had been modified to operate as an automatic. The MAC-10 apparently is a favorite among criminals. It is small and compact, lightweight, and can be equipped with a silencer. Most important of all, it can be devastating: A fully automatic MAC-10 can fire more than 1,000 rounds per minute. The dealer expressed his interest in becoming the owner of a MAC-10, and petitioner promised that he would discuss selling the gun if his arrangement with another potential buyer fell through. Unfortunately for petitioner, Hoag had contacts not only with narcotics traffickers but also with law enforcement officials. In fact, she was a confidential informant.…
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