United States v. Mark Phelps

Again, we must determine legislative intent in the drafting and modification of a federal penal statute, Title 18 § 924(c)(1) (1982 & Supp. V. 1987) reads:

Query: does the Act intend to punish for using a firearm as an item of barter in negotiating the purchase of a controlled substance?

I.

Appellant Mark Phelps and his coconspir-ator Tumipseed needed a supply of ephedrine in the summer of 1987. They had an operative methamphetamine laboratory but needed one component, ephedrine, which was in short supply. Acting on an informant’s tip, federal agent Fabiano negotiated with the conspirators and represented that he could supply the chemical if the price was right. At a later meeting, Fabi-ano was accompanied by Agent Paur, who agreed to pose as an associate and attempt to buy an automatic weapon.

Phelps told the agents that he was an expert in guns and had experience in converting semi-automatic MAC 10 firearms to fully automatic mode. Agent Paur showed interest and asked to buy such a weapon. Phelps declined to make an outright sale but offered to give it to Paur on delivery of the first ten pound shipment of ephedrine. The automatic pistol was displayed and was unloaded and…