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U.S. v. SMITH

No. 91-5062.

957 F.2d 835 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. John Angus SMITH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 8, 1992.

Attorney(s) appearing for the Case

Gary Kollin, Law Offices of Gary Kollin, Ft. Lauderdale, Fla., for defendant-appellant.

Linda Collins Hertz, Lisa T. Rubio, Asst. U.S. Attys., Miami, Fla., David I. Mellinger, Asst. U.S. Atty., Ft. Lauderdale, Fla., for plaintiff-appellee.

Before EDMONDSON and DUBINA, Circuit Judges, and ATKINS, Senior District Judge.

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...

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