Samiksha Jaiswal (Editor)

Smith v. United States

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Concurrence
  
Blackmun

End date
  
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

Prior history
  
On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit

Majority
  
O'Connor, joined by Rehnquist, White, Blackmun, Kennedy, Thomas

Dissent
  
Scalia, joined by Stevens, Souter

Similar
  
United States v Jones, United States v Miller, Katz v United States, Miller v California

Smith v united states oral argument november 06 2012


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.

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).

References

Smith v. United States Wikipedia