smith argued march decided june petitioner smith offered trade automatic weapon undercover officer cocaine charged numerous firearm drug trafficking offenses title requires imposition specified penalties defendant relation drug trafficking crime uses firearm affirming smith conviction sentence appeals held plain language imposes requirement firearm use weapon applies use gun facilitates manner commission drug offense held criminal trades firearm drugs uses relation drug trafficking crime within meaning pp section language structure establish exchanging firearm drugs may constitute use within meaning smith handling gun falls squarely within everyday meaning dictionary definitions use congress intended require proof defendant used firearm used specific manner weapon indicated statute however congress fact familiar example us ing firearm use weapon mean phrase excludes ways firearm might used sentencing guidelines even assume relevance present context support dissent narrow interpretation use firearm mean use intended purposes firing brandishing since guidelines manual explicitly contemplates othe use limited intended purposes identified dissent dissent approach moreover exclude use gun victim intended purpose gun fired brandished used bludgeon addition congress affirmatively demonstrated meant include transactions like smith us ing firearm within meaning employing similar language subjects forfeiture firearm intended used various listed offenses many listed offenses involve using firearm weapon item barter commerce thus even originally enacted applied use firearm crimes violence clear face statute use presently limited use weapon broad enough cover use trade pp smith use firearm relation drug trafficking crime smith deny alleged use occurred crime little doubt use relation offense phrase dictionary meaning reference regards minimum clarifies firearm must purpose effect respect drug crime thus presence involvement result accident coincidence least must facilitate purpose facilitating drug offense firearm integral part drug transaction possible without reason congress wanted language cover situation since introduction guns drug transactions dramatically heightens danger society whether guns used medium exchange protection transactions dealers pp smith invocation rule lenity rejected imposing narrower construction one herein adopted violence statute plain language structure also purpose addressing heightened risk violence death accompanies introduction firearms drug trafficking offenses pp delivered opinion rehnquist white blackmun kennedy thomas joined blackmun filed concurring opinion post scalia filed dissenting opinion stevens souter joined post gary kollin appointment argued cause filed brief petitioner thomas hungar argued cause brief solicitor general starr assistant attorney general mueller deputy solicitor general bryson john depue justice delivered opinion decide today whether exchange gun narcotics constitutes use firearm relation drug trafficking crime within meaning hold petitioner john angus smith companion went tennessee florida buy cocaine hoped resell profit florida met petitioner acquaintance deborah hoag hoag agreed fact purchase cocaine petitioner accompanied petitioner friend motel room joined drug dealer hoag listened petitioner dealer discussed petitioner firearm modified operate automatic apparently favorite among criminals small compact lightweight equipped silencer important devastating fully automatic fire rounds per minute dealer expressed interest becoming owner petitioner promised discuss selling gun arrangement another potential buyer fell unfortunately petitioner hoag contacts narcotics traffickers also law enforcement officials fact confidential informant consistent post informed broward county sheriff office petitioner activities sheriff office responded quickly sending undercover officer hoag motel room several others assigned keep motel surveillance upon arriving hoag motel room undercover officer presented petitioner pawnshop dealer petitioner turn presented officer proposition automatic silencer might willing part petitioner pulled black canvas bag showed officer officer examined gun asked petitioner wanted rather asking money however petitioner asked drugs willing trade said two ounces cocaine officer told petitioner pawnshop dealer distribute narcotics nonetheless indicated wanted try get cocaine officer left promising return within hour rather seeking cocaine promised officer returned sheriff office arrange petitioner arrest petitioner content wait officers conducting surveillance saw leave motel room carrying gun bag climbed van drove away officers reported petitioner departure began following law enforcement authorities tried stop petitioner led chase petitioner eventually apprehended petitioner turns well armed search van revealed weapon silencer ammunition mechanism addition police found machine gun loaded caliber pistol caliber pistol scope homemade silencer petitioner also loaded millimeter handgun waistband grand jury sitting district southern district florida returned indictment charging petitioner among offenses two drug trafficking crimes conspiracy possess cocaine intent distribute attempt possess cocaine intent distribute violation app important indictment alleged petitioner knowingly used silencer relation drug trafficking crime defendant uses firearm must sentenced five years incarceration firearm machinegun fitted silencer sentence years see firearm machinegun equipped firearm silencer sentence thirty years term machinegun includes automatic weapons jury convicted petitioner counts appeal petitioner argued penalty using firearm relation drug trafficking offense covers situations firearm used weapon according petitioner provision extend defendants use firearm solely medium exchange barter appeals eleventh circuit disagreed plain language statute explained imposes requirement firearm used weapon instead use weapon facilitate manner commission offense suffices internal quotation marks omitted shortly eleventh circuit decided case appeals district columbia circuit arrived conclusion harris app per curiam cert denied phelps however appeals ninth circuit held trading gun transaction constitute use firearm relation drug trafficking offense within meaning granted certiorari resolve conflict among circuits affirm ii section requires imposition specified penalties defendant relation crime violence drug trafficking crime uses carries firearm terms statute requires prosecution make two showings first prosecution must demonstrate defendant use carrie firearm second must prove use carrying relation crime violence drug trafficking crime petitioner argues exchanging firearm drugs constitute use firearm within meaning statute points nothing record indicates fired threatened anyone employed essence petitioner argues said use firearm unless used weapon since firearms often used see firearm often facilitates drug offenses protecting drugs protecting emboldening defendant course limited cases gun used applies equal force whenever gun carrie case however indictment alleged petitioner use app accordingly consider whether evidence might support conclusion petitioner carried within meaning instead confine discussion parties view dispositive issue case whether trading firearm drugs constitute use firearm within meaning word defined statute normally construe accord ordinary natural meaning see perrin words defined statute given ordinary common meaning accord post search statutory meaning give nontechnical words phrases ordinary meaning surely petitioner treatment described use within everyday meaning term petitioner used attempt obtain drugs offering trade cocaine webster defines use convert one service employ webster new international dictionary ed black law dictionary contains similar definition make use convert one service employ avail oneself utilize carry purpose action means black law dictionary ed indeed years ago gave word use gloss indicating means employ derive service astor merritt petitioner handling case falls squarely within definitions attempting trade drugs used employed item barter obtain cocaine derived service going bring drugs sought petitioner view require proof defendant used firearm also used weapon words weapon appear nowhere statute rather language sweeps broadly punishing us firearm long use relation drug trafficking offense see long app thomas although without limits word use expansive extends even situations gun actively employed cert denied congress intended narrow construction petitioner urges indicated decline introduce additional requirement language course interpreted apart context meaning word appears ambiguous viewed isolation may become clear word analyzed light terms surround recognizing petitioner dissent argue word uses somewhat reduced scope appears alongside word firearm specifically contend average person street think immediately trade example us ing firearm rather phrase normally evokes image familiar use firearm put use weapon petitioner dissent therefore argue statute excludes uses weapon fired otherwise employed destructive capacity see post indeed relying argument without citation authority dissent announces restrictive definition use use instrumentality dissent argues ordinarily means use intended purpose post significant flaw argument one thing say ordinary meaning uses firearm includes using firearm weapon since intended purpose firearm example use immediately comes mind quite another conclude result phrase also excludes use certainly conclusion follow phrase uses firearm dictionary definitions experience make clear one use firearm number ways one example use first come mind phrase uses firearm uttered preclude us recognizing uses qualify well case reasonable normal say petitioner used drug trafficking offense trading cocaine dissent contend otherwise post dissent example one might use cane post suffers similar flaw sure use adornment hallway first use cane comes mind certainly follow use cane might put assisting one grandfather walking quite opposite infamous use cane american history nothing walking see mcpherson battle cry freedom describing caning senator sumner senate use cane instrument punishment common cane become verb meaning beat cane webster new international dictionary supra event question case whether phrase uses firearm reasonably read excluding use firearm trade fact phrase clearly includes using firearm shoot someone dissent contends answer dissent relies one authority sentencing commission guidelines manual reflect ing interpretation phrase uses firearm see post guidelines define using firearm using intended purposes dissent apparently assumes limited firing brandishing displaying possessing fact entertain moment dubious assumption sentencing guidelines relevant present context support opposite view section upon dissent relies post provides increases defendant offense level therefore sentence offense involved firearm extent adjustment varies according nature gun involvement upward adjustment firearm discharged enhancement gun otherwise used emphasis added adjustment firearm brandished displayed possessed unless enhancement othe use mere surplusage must uses firearm intended purposes firing brandishing displaying possessing dissent points may uses firing brandishing constitute use weapon nonetheless see post nothing suggests phrase othe use must limited contrary perfectly reasonable construe including uses trading bludgeoning constitute use firearm intended purpose true guidelines commentary defines therwise used conduct falls short discharg ing firearm brandishing displaying possessing post quoting ussg definition however simply reflects peculiar hierarchy culpability established ussg clarifies culpable conduct discharging firearm less culpable actions brandishing displaying possessing lies category othe use guidelines impose intermediate punishment terms exclude scope trading bludgeoning use beyond firearm intended purpose persuaded construction phrase uses firearm produce anomalous applications see post example using gun scratch one head already noted see supra explain greater detail later infra requires defendant use firearm also use relation drug trafficking crime result defendant uses firearm scratch head see post innocuous purpose avoid punishment conduct altogether although scratching one head gun might constitute use action support punishment unless facilitates furthers drug crime firearm served relieve itch enough see infra phrase relation requires minimum use facilitate crime defendant escape enhancement provided ussg well guidelines definition therwise use makes clear see ussg enhancement apply unless use brandishing victim firearm might brandishing scratching one head event intended purpose firearm used offensive manner whatever rather used particular fashion firing dissent contention therefore defendant must use firearm weapon rather must fire threaten fire gun dissent approach even criminal victim used firearm within meaning firearms intended fired brandished used bludgeons appears dissent similarly limit scope othe use covered ussg universal view courts appeals however directly contrary appeals ever held using gun victim anything use firearm ever held trading firearm drugs falls short use thereof cf phelps holding trading gun drugs use relation drug trafficking offense extent uncertainty scope phrase uses firearm believe remainder appropriately sets rest single word read isolation single provision statute recognized statutory construction holistic endeavor provision may seem ambiguous isolation often clarified remainder statutory scheme terminology used elsewhere context makes meaning clear one permissible meanings produces substantive effect compatible rest law savings assn texas timbers inwood forest associates citations omitted evident care congress chose language reinforces conclusion regard although lists numerous offenses render guns subject forfeiture congress lump offenses together require forfeiture solely guns used prohibited activity instead carefully varied statutory language accordance guns relation offense example respect crimes firearm subject forfeiture used also involved offense examination offenses involved language applies reveals congress believed necessary include expansive term one listed offenses violation making false statement material lawfulness gun transfer making material misstatement order acquire sell gun use gun even broadest definition word use congress carefully expanded statutory language result gun respect material misstatement made subject forfeiture even though gun used offense involved congress however expand language offenses firearms intended used even though firearms many offenses function items commerce rather weapons instead congress apparently view one use gun trading light common meaning word use structure language statute position disagree dissent suggests interpretation produces strange dichotomy using firearm carrying one post see defendant may use firearm within meaning trading drugs using shoot someone defendant carry firearm keeping person whether intends exchange cocaine fire dichotomy arises one tries extend phrase uses firearm use purpose whatever ibid purposes sufficient recognize includes using firearm trade using firearm weapon us ing firearm reasonable construe encompassing uses well finally argued originally dealt use firearm crimes violence provision concerning use firearm relation drug trafficking offenses added later post dissent infers use originally limited use gun weapon statute current form employs term use broadly unimportant dissent contends addition words drug trafficking crime peculiar way expand meaning ibid even assume congress intended term use limited scope passed original version see supra believe clear face statute congress amended rather congress employed term use expansively covering use weapon dissent admits use item trade barter examination demonstrates phrase uses firearm broad enough ordinary usage cover use firearm item barter commerce congress free employ language structure indicates congress accordingly conclude using firearm trade may constitute us ing firearm within meaning using firearm however enough subject defendant punishment required instead firearm must used relation crime violence drug trafficking crime petitioner deny alleged use occurred drug trafficking crime indictment charged petitioner companion conspired possess cocaine intent distribute app doubt trade proposed furtherance interstate drug conspiracy contended alleged use occur attempt possess cocaine petitioner also charged served inducement convince undercover officer provide petitioner drugs petitioner sought petitioner however dispute whether use firearm relation drug trafficking offense phrase relation expansive cf district columbia greater washington board trade phrase relate deliberately expansive internal quotation marks omitted courts appeals construing recognized phelps phrase relation broad harris app per curiam firearm used relation crime facilitate predicate offense way nonetheless phrase illuminate boundaries according webster relation means reference regards webster new international dictionary phrase relation thus minimum clarifies firearm must purpose effect respect drug trafficking crime presence involvement result accident coincidence one observed relation language allay explicitly concern person punished committing drug trafficking offense possession firearm even though firearm presence coincidental entirely unrelated crime stewart kennedy instead gun least must facilitat ha potential facilitating drug trafficking offense accord ocampo need determine precise contours relation requirement however petitioner use meets reasonable construction presence case product happenstance contrary ar ordinary case gun merely facilitates offense providing means protection intimidation gun integral part transaction phelps kozinski dissenting denial rehearing en banc without deal possible undercover officer posing pawnshop dealer expressly told petitioner narcotics business get involved drugs however willing see track cocaine relying decision appeals ninth circuit phelps legislative record petitioner insists relationship gun drug offense case type connection congress contemplated drafted respect argument agree district columbia circuit observation may well congress drafted language mind obvious use guns connection drug crime language statute limited imagine reason congress wished language cover situation whether guns used medium exchange drugs sold illegally means protect transaction dealers introduction scene drug transactions dramatically heightens danger society harris supra app finally dissent petitioner invoke rule lenity post mere possibility articulating narrower construction however make rule lenity applicable instead venerable rule reserved cases fter seiz ing everything aid derived left ambiguous statute bass quoting fisher cranch accord moskal case petitioner use fall squarely within common usage dictionary definitions terms uses firearm congress affirmatively demonstrated meant include transactions like petitioner us ing firearm employing terms imposing restrictive reading phrase uses firearm violence structure language statute purpose well congress enacted current version doubt aware drugs guns dangerous combination percent murders new york city period figure nation capital high percent american enterprise fact gun treated momentarily item commerce render inert deprive destructive capacity rather experience demonstrates converted instantaneously currency cannon see supra therefore see reason congress intended courts juries applying draw fine metaphysical distinction gun role drug offense weapon role item barter creates grave possibility violence death either capacity observed rule lenity dictate implausible interpretation statute one odds generally accepted contemporary meaning term taylor observation controls case firearm use weapon use item barter fall within plain language long use occurs relation drug trafficking offense must constitute uses firearm make sense create dangers risks congress meant address therefore hold criminal trades firearm drugs uses relation drug trafficking offense within meaning evidence case showed petitioner used machine gun silencer precisely manner proposing trade cocaine petitioner properly subjected mandatory minimum sentence judgment appeals accordingly affirmed ordered section lists four offenses unlicensed manufacture commerce firearms violation unlicensed receipt weapon outside state violation unlicensed transfer firearm resident different state violation delivery gun licensed entity resident state licensee violation section mentions one offense transfer sale weapon disqualified persons fugitives justice felons violation firearms subject forfeiture intended used five listed offenses shipping stolen firearms violation receipt stolen firearms violation importation firearms violation shipment firearm felon violation shipment receipt firearm intent commit felony violation finally subjects forfeiture firearm intended used offense may prosecuted federal involves exportation firearms justice blackmun concurring join opinion full understand discussion part iib foreclose possibility relation language requires mere furtherance facilitation crime violence crime agree petitioner use meets reasonable construction phrase unnecessary determine case precise contours relation appears see ante justice scalia justice stevens justice souter join dissenting section mandates sentence enhancement defendant relation crime violence drug trafficking crime uses firearm begins analysis focusing upon word use passage explaining dictionary definitions word broad see ante however fundamental principle statutory construction indeed language meaning word determined isolation must drawn context used deal ante particularly true word elastic use whose meanings range way partake uses tobacco wont accustomed used smoke tobacco see webster new international dictionary ed search statutory meaning give nontechnical words phrases ordinary meaning see chapman perrin minor mechanics bank alexandria pet use instrumentality ordinarily means use intended purpose someone asks use cane inquiring whether grandfather walking stick display hall wants know whether walk cane similarly speak using firearm speak using distinctive purpose weapon sure one use firearm number ways ante including article exchange one use cane hall decoration ordinary meaning using one appear grasp distinction word used ordinarily used indeed reasonable normal say petitioner used drug trafficking offense trading cocaine ibid also reasonable normal say used scratch head one wishes describe action employing instrument firearm unusual purposes use assuredly verb one select says nothing whether ordinary meaning phrase uses firearm embraces extraordinary employments unquestionably reasonable normal think say simply use firearms one means prohibit selling scratching normal usage reflected example sentencing guidelines provide enhanced sentences firearms discharged brandished displayed possessed otherwise used see sentencing commission guidelines manual latter term guidelines say otherwise used reference dangerous weapon including firearm means conduct amount discharge firearm brandishing displaying possessing firearm dangerous weapon ussg definitions otherwise used provision obviously means otherwise used weapon given rule ordinary meaning governs given ordinary meaning uses firearm seems inconsequential words weapon appear nowhere statute ante reasonably implicit petitioner think seeking introduce additional requirement text simply construing text according normal import seeks avoid conclusion referring next subsection statute employ phrase uses firearm provides confiscation firearms used referenced offenses include crimes transferring selling transporting firearms interstate commerce concludes whenever term appears statute use firearm must include nonweapon use see ante agree dealing technical word artfully defined legal term cf dewsnup timm scalia dissenting common words suggested inordinately sensitive context adding direct object firearm verb use narrows meaning verb longer mean partake also adding modifier offense transferring selling transporting firearms phrase use firearm expands meaning phrase includes previously nonweapon use neither narrowing expansion logically thought apply appearances affected word phrase every appearance word use statute need given narrow meaning word acquires phrase use firearm also every appearance phrase use firearm need given expansive connotation phrase acquires broader context use firearm crimes unlawful sale firearms example statute provides prohibition certain transactions firearms shall apply loan rental firearm person temporary use lawful sporting purposes doubt use referred use sporting weapon use pawning firearm pay ski trip likewise phrase uses firearm employed context necessarily envisions unusual use firearm commodity normally understood meaning phrase prevail another consideration leads conclusion provides increased penalties one uses firearm relation crime violence drug trafficking crime also one carries firearm circumstances interpretation give language produces eminently reasonable dichotomy using firearm weapon carrying firearm context uses carries firearm means carrying manner ready use weapon interpretation contrast produces strange dichotomy using firearm purpose whatever including barter carrying firearm finally although present prosecution brought portion pertaining use firearm relation drug trafficking crime think significant portion affiliated preexisting provision pertaining use firearm relation crime violence rather firearm trafficking offenses defined referenced word use crime violence context unmistakable import use weapon import carries view subsequently added phrase drug trafficking crime surely word use means thing surely addition drug trafficking crime peculiar way expand meaning beyond use weapon crimes violence even reader consider issue clear must least acknowledge think eminently debatable enough rule lenity require finding petitioner least may said issue subject doubt circumstances adhere familiar rule ambiguity criminal statute doubts resolved favor defendant adamo wrecking quoting bass foregoing reasons respectfully dissent footnotes says persuaded construction phrase uses firearm produce anomalous applications ante proof points fact fortuitously contains language requirement use relation crime violence drug trafficking crime happens prevent untoward results ibid language fact prevent untoward results though excludes enhanced penalty burglar scratches head barrel gun requires one burglar happens use gun handle rather rock break window affording entrance hardly distinction make sentencing difference gun connection crime event excuse turns upon language good particular statute avoid anomalous applications applies anomalous meaning use firearm contexts example guidelines provision described text vain attempt show contrary asserts phrase otherwise used guidelines means used purpose preferred meaning use firearm long culpable brandishing see ante whence derive convenient limitation appears nowhere text well since whole purpose guidelines take hands individual judges determinations culpable less culpable definition otherwise used guidelines merely says means brandishing less firing confident scratching one head firearm brandishing see ante certainly agree use referred use weapon reading guidelines written rather importing deus ex machina culpability scale interpreting use firearm strange fashion produces see ante full upward sentence adjustment firing gun storekeeper robbery mere adjustment pointing gun storekeeper falls within guidelines definition brandished see ussg intermediate six point adjustment using gun pry open cash register prop open door quite obviously ridiculous guidelines speak otherwise us ing firearm mean accordance normal usage otherwise using weapon example placing gun barrel mouth storekeeper intimidate responds argument abandoning pretense giving phrase uses firearm even permissible meaning much less ordinary one ns problem says contending uses firearm means uses purpose means uses weapon trade see ante unfortunately one options mother tongue makes available uses firearm given broad meaning uses purpose ordinary narrow meaning uses weapon possibly mean uses weapon trade contends giving language ordinary meaning frustrate purpose statute since gun converted instantaneously currency cannon ante stretching language order write effective statute congress devised exercise indulge case ready ability use gun hand weapon perhaps one reasons statute sanctions using firearm carrying one however government chose indict provision see ante