Legal Opinion
United States v. John Angus Smith
Court of Appeals for the Eleventh Circuit
Decided April 8, 1992No. 91-5062PublishedCited by 15 opinions
1Opinion of the Court
EDMONDSON, Circuit Judge:
Defendant John Angus Smith tried to trade a MAC-10 machine gun and silencer for cocaine. The question presented is whether the use of a firearm in trade for drugs supports a conviction under 18 U.S.C. § 924(c)(1) for using a firearm during and in relation to a drug trafficking felony. 1
To establish a violation of 18 U.S.C. § 924(c)(1) in this circuit, the government must show the defendant (1) either actually or constructively possessed the firearms, and (2) used or carried the firearms during and in relation to the drug trafficking offense. United States v. Poole,…
2Cases cited13 opinions
- United States v. Larry BrownCourt of Appeals for the Sixth Circuit · 1990
- United States v. Perry York, United States of America v. Peter Andrew RobinsonCourt of Appeals for the Eighth Circuit · 1987
- United States v. Kenroy Laing, A/K/A Junior Roy Laing, United States of America v. Garfield Dean MartinCourt of Appeals for the D.C. Circuit · 1989
- United States v. Norby E. Raborn, Sr., and Michael D. GentryCourt of Appeals for the Fifth Circuit · 1989
- United States v. William Meggett, Robert Bradley, Emily Bradley, Appeal of Robert BradleyCourt of Appeals for the Second Circuit · 1989
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Smith v. United StatesSupreme Court of the United States · 1993
- United States v. Joaquin Garcia, Joaquin Garcia v. Margaret C. Hambrick, Warden, Metropolitan Detention Center Los AngelesCourt of Appeals for the Ninth Circuit · 1993
- United States v. ZunigaCourt of Appeals for the Fifth Circuit · 1994
- United States v. Royan McLymontCourt of Appeals for the Eleventh Circuit · 1995
- United States v. Francisco MontanoCourt of Appeals for the Eleventh Circuit · 2005
10 more not listed; retrieve them via the Exa API.