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U.S. v. SMYTHE

No. 03-1605.

363 F.3d 127 (2004)

UNITED STATES of America, Appellee, v. Derrick SMYTHE, also known as "D," Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 1, 2004.

Attorney(s) appearing for the Case

John-Claude Charbonneau, Assistant United States Attorney (David V. Kirby, First Assistant United States Attorney, on the brief), for Peter W. Hall, United States Attorney for the District of Vermont, for Appellee.

Thomas A. Zonay, Ford & Zonay, P.C., Woodstock, Vt., for Defendant-Appellant.

Before: MESKILL, KATZMANN, and WESLEY, Circuit Judges.

PER CURIAM.

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...

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