United States v. Derrick Smythe, Also Known as "D,"

We here make clear that a defendant possesses a dangerous weapon within the meaning of U.S.S.G. § 2D1.1(b)(1) when he trades drugs for guns.

Background

Defendant-appellant Derrick Smythe pled guilty to conspiring to distribute crack cocaine in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B), and he now appeals his sentence. Along with his co-defendants, Smythe was a reputed crack cocaine dealer in the Rutland, Vermont area. Together, they expressed interest to undercover agents in exchanging crack cocaine, which they had, for firearms. The four defendants, including Smythe, met with…