Smith v. United States, 508 U.S. 223, 15 (1993)

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Cite as: 508 U. S. 223 (1993)

Opinion of the Court

firearm as an item of barter or commerce, Congress was free in 1986 so to employ it. The language and structure of § 924 indicate that Congress did just that. Accordingly, we conclude that using a firearm in a guns-for-drugs trade may constitute "us[ing] a firearm" within the meaning of § 924(c)(1).

B

Using a firearm, however, is not enough to subject the defendant to the punishment required by § 924(c)(1). Instead, the firearm must be used "during and in relation to" a "crime of violence or drug trafficking crime." 18 U. S. C. § 924(c)(1). Petitioner does not deny that the alleged use occurred "during" a drug trafficking crime. Nor could he. The indictment charged that petitioner and his companion conspired to possess cocaine with intent to distribute. App. 3-4. There can be no doubt that the gun-for-drugs trade was proposed during and in furtherance of that interstate drug conspiracy. Nor can it be contended that the alleged use did not occur during the "attempt" to possess cocaine with which petitioner also was charged, id., at 4; the MAC-10 served as an inducement to convince the undercover officer to provide petitioner with the drugs that petitioner sought.

Petitioner, however, does dispute whether his use of the firearm was "in relation to" the drug trafficking offense. The phrase "in relation to" is expansive, cf. District of Columbia v. Greater Washington Board of Trade, 506 U. S. 125, 129 (1992) (the phrase "relate to" is "deliberately expansive" (internal quotation marks omitted)), as the Courts of Appeals construing § 924(c)(1) have recognized, United States v. Phelps, 877 F. 2d, at 30 ("[t]he phrase 'in relation to' is broad"); United States v. Harris, 294 U. S. App. D. C., at 315, 959 F. 2d, at 261 (per curiam) (firearm is used "in relation to" the crime if it "facilitate[s] the predicate offense in some way"). Nonetheless, the phrase does illuminate § 924(c)(1)'s boundaries. According to Webster's, "in relation to" means "with reference to" or "as regards." Webster's New Inter-

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