NCJ Number
151638
Journal
Journal of Contemporary Law Volume: 20 Issue: 1 Dated: (1994) Pages: 295- 306
Date Published
1994
Length
12 pages
Annotation
This analysis of the United States Supreme Court's decision in Smith v. United States concluded that in this decision, the Court resolved a conflict among previous appellate court decisions by concluding that using guns as an item of exchange in a drug trafficking deal represented a use of a firearm and therefore qualified for an enhanced sentence.
Abstract
The basic issue involved the provision the Federal Code that increases penalties when firearms actually or potentially facilitate the commission of a drug trafficking crime. The Supreme Court sided with two circuits, holding that using guns for barter falls within the parameters of Section 924 of the Federal Code. The case involved an offer to exchange an automatic gun for 2 ounces of cocaine. The trend established in the Smith decision is likely to continue, considering both this decision and the escalation of drug-related violence in the United States. Nevertheless, it is not yet clear whether Section 924 will continue as a popular method for carrying out the government's war on drugs. 83 reference notes