U.S. v. Montano, No. 03-11950 (11th Cir.) (381 F.3d 1265) (August 26, 2004) (Judge J. Owen Forrester)
In Smith v. U.S., 508 U.S. 223 (1993), the Supreme Court held that the bartering of guns to obtain drugs constitutes an “active use” of a firearm within the meaning of 18 U.S.C. § 924(c). The Circuits remain divided, however, on the converse scenario - namely the bartering of drugs ...
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