OPINION OF THE COURT
ABBOTT V. UNITED STATES
562 U. S. ____ (2010)
SUPREME COURT OF THE UNITED STATES
NOS. 09-479 AND 09-7073
KEVIN ABBOTT, PETITIONER
09–479
v.
UNITED STATES
on writ of certiorari to the united states
court of appeals for the third circuit
CARLOS RASHAD GOULD, PETITIONER
09–7073 v.
UNITED STATES
on writ of certiorari to the united states
court of appeals for the fifth circuit
[November 15, 2010]
Justice Ginsburg
delivered the opinion of the Court.
As one of several measures to
punish gun possession by persons engaged in crime, Congress made it
a discrete offense to use, carry, or possess a deadly weapon in
connection with “any crime of violence or drug trafficking crime.”
18 U. S. C. §924(c)(1). The minimum prison term for the
offense described in §924(c) is five years, §924(c)(1)(A)(i), in
addition to “any other term of imprisonment imposed on the
[offender],” §924(c)(1)(D)(ii). The two consolidated cases before
us call for interpretation of §924(c) as that provision was
reformulated in 1998.
Kevin Abbott and Carlos Rashad Gould,
petitioners here, defendants below, were charged with multiple drug
and firearm offenses; charges on which they were convicted included
violation of §924(c). Each objected to the imposition of any
additional prison time for his §924(c) conviction. Their objections
rested on the “except” clause now prefacing §924(c)(1)(A). Under
that clause, a minimum term of five years shall be imposed as a
consecutive sentence “[e]xcept to the extent that a greater minimum
sentence is otherwise provided by [§924(c) itself] or by any other
provision of law.”
Abbott and Gould read §924(c)’s “except”
clause to secure them against prison time for their §924(c)
convictions. They claim exemption from punishment under §924(c)
because they were sentenced to greater mandatory minimum prison
terms for convictions on other counts charging different offenses.
The “except” clause, they urge, ensures that §924(c) offenders will
serve at least five years in prison. If conviction on a different
count yields a mandatory sentence exceeding five years, they
maintain, the statutory requirement is satisfied and the penalty
specified for the §924(c) violation becomes inoperative.
The courts below, agreeing with the
Government’s construction of the statute, read §924(c)(1) as
independently requiring a sentence of at least five years, tacked
onto any other sentence the defendant receives. The “except” clause
refers to “a greater minimum sentence … otherwise provided.”
“[O]therwise provided”
for what, the courts below asked;
their answer, for conduct offending §924(c),
i.e.,
possessing a firearm in connection with a crime of violence or
drug-trafficking crime.
A defendant is not spared from a separate,
consecutive sentence for a §924(c) conviction, the lower courts
determined, whenever he faces a higher mandatory minimum for a
different count of conviction. Instead, according to the courts
below and the Government here, the “except” clause applies only
when another provision—whether contained within or placed outside
§924(c)—commands a longer term for conduct violating §924(c). For
example, the mandatory minimum sentence for a §924(c) offense is
five years, but if the firearm is brandished, the minimum rises to
seven years, and if the firearm is discharged, to ten years.
§924(c)(1)(A)(i), (ii), (iii). A defendant who possessed,
brandished, and discharged a firearm in violation of §924(c) would
thus face a mandatory minimum term of ten years.
We hold, in accord with the courts below, and
in line with the majority of the Courts of Appeals, that a
defendant is subject to a mandatory, consecutive sentence for a
§924(c) conviction, and is not spared from that sentence by virtue
of receiving a higher mandatory minimum on a different count of
conviction. Under the “except” clause as we comprehend it, a
§924(c) offender is not subject to stacked sentences for violating
§924(c). If he possessed, brandished, and discharged a gun, the
mandatory penalty would be 10 years, not 22. He is, however,
subject to the highest mandatory minimum specified for his conduct
in §924(c), unless another provision of law directed to conduct
proscribed by §924(c) imposes an even greater mandatory
minimum.
I
Abbott and Gould, defendants in
unrelated prosecutions, were each charged with violating
§924(c)(1)(A)(i) by possessing a firearm in furtherance of a
drug-trafficking crime. Abbott’s case was tried to a jury in the
Eastern District of Pennsylvania, which convicted him on the
§924(c) count and three others: two predicate trafficking counts,
21 U. S. C. §§841, 846, and being a felon in possession of a
firearm, 18 U. S. C. §922(g). Given Abbott’s extensive
criminal history, his felon-in-possession conviction triggered a
15-year mandatory minimum under the Armed Career Criminal Act
(ACCA), 18 U. S. C. §924(e). The District Court sentenced
Abbott to the 15 years mandated by ACCA, and to an additional five
years for the §924(c) violation, yielding a total prison term of 20
years.[
Footnote 1]
Gould’s indictment listed seven
separate drug and firearm charges. In return for Gould’s agreement
to plead guilty, the Government dropped all but two: one §924(c)
offense and one predicate drug-trafficking crime. The latter, for
conspiracy to possess with intent to distribute cocaine base,
carried a ten-year mandatory minimum under §841(b)(1)(A). Firearm
involvement was not an element of that offense. The United States
District Court for the Northern District of Texas imposed a
sentence of 11 years and 5 months for the trafficking offense and
an additional five years for the §924(c) violation, for a total of
16 years and 5 months.
On appeal, Abbott and Gould challenged the
five-year consecutive sentence each received under §924(c). Abbott
urged that ACCA’s 15-year mandatory minimum triggered §924(c)’s
“except” clause, because ACCA qualified as “[an]other provision of
law” that “provided” a “greater minimum sentence.” Gould said the
same of the ten years commanded by his predicate trafficking
crime.
The United States Court of Appeals for the
Third Circuit affirmed Abbott’s sentence, concluding that the
“except” clause “refers only to other minimum sentences that may be
imposed for violations of §924(c).”
United States v.
Abbott, 574 F. 3d 203, 208 (2009). Gould fared no
better before the Fifth Circuit.
United States v.
Gould, 329 Fed. Appx. 569, 570 (2009)
(per
curiam). That court’s precedent already confined the exception
to conduct offending §924(c).
United States v.
London, 568 F. 3d 553, 564 (2009). To resolve the
division among the Circuits on the proper construction of §924(c)’s
“except” clause,[
Footnote 2] we
granted certiorari in both cases and consolidated them for
argument. 559 U. S. ___ (2010).
II
A
Congress enacted 18 U. S. C.
§924(c) as part of the Gun Control Act of 1968, 82 Stat. 1213. The
“except” clause, which did not appear in §924(c) as originally
composed, was introduced by statutory amendment in 1998. See An Act
[t]o throttle criminal use of guns, 112 Stat. 3469. We begin by
setting out §924(c), first as it read before 1998, then as amended
that year.
The earlier version read in
relevant part:
“Whoever, during and in relation to any crime of
violence or drug trafficking crime (including a crime of violence
or drug trafficking crime which provides for an enhanced punishment
if committed by the use of a deadly or dangerous weapon or device)
… , uses or carries a firearm, shall, in addition to the
punishment provided for such crime of violence or drug trafficking
crime, be sentenced to imprisonment for five years, and if the
firearm is a short-barreled rifle, short-barreled shotgun, or
semiautomatic assault weapon, to imprisonment for ten years, and if
the firearm is a machinegun, or a destructive device, or is
equipped with a firearm silencer or firearm muffler, to
imprisonment for thirty years. In the case of his second or
subsequent conviction under this subsection, such person shall be
sentenced to imprisonment for twenty years, and if the firearm is a
machinegun, or a destructive device, or is equipped with a firearm
silencer or firearm muffler, to life imprisonment without release.
Notwithstanding any other provision of law, … the term of
imprisonment imposed under this subsection [shall not] run
concurrently with any other term of imprisonment including that
imposed for the crime of violence or drug trafficking crime in
which the firearm was used or carried.” §924(c)(1) (1994 ed.).
If this pre-1998 text governed, all agree, separate
counts of conviction would have no preemptive force, and Abbott and
Gould would have been correctly sentenced under §924(c). The
question we confront is whether Congress’ 1998 reformulation of
§924(c) rendered the sentences imposed on Abbott and Gould
excessive.
The 1998 alteration responded primarily to our
decision in
Bailey v.
United States,
516 U. S. 137 (1995). In
proscribing “use” of a firearm,
Bailey held, §924(c)(1)
did not reach “mere possession” of the weapon.
Id., at
144. Congress legislated a different result; in the 1998 revision,
“colloquially known as the Bailey Fix Act,” the Legislature brought
possession within the statute’s compass.
United States v.
O’Brien, 560 U. S. ___, ___ (2010) (slip op., at 14)
(internal quotation marks omitted).
In addition to the change prompted by
Bailey, Congress increased the severity of §924(c)
sentences in two other respects: The 1998 revision “changed what
were once mandatory sentences into mandatory minimum sentences,”
O’Brien, 560 U. S., at ___ (slip op., at 13); and it
elevated the sentences for brandishing and discharging a firearm
and for repeat offenses. Congress also restructured the provision,
“divid[ing] what was once a lengthy principal sentence into
separate subparagraphs.”
Id., at ___ (slip op., at 7). And
it added the prefatory “except” clause at issue in the cases now
before us. As amended, §924(c)(1)(A) prescribes:
“Except to the extent that a
greater minimum sentence is otherwise provided by this subsection
or by any other provision of law, any person who, during and in
relation to any crime of violence or drug trafficking crime
(including a crime of violence or drug trafficking crime that
provides for an enhanced punishment if committed by the use of a
deadly or dangerous weapon or device) for which the person may be
prosecuted in a court of the United States, uses or carries a
firearm, or who, in furtherance of any such crime, possesses a
firearm, shall, in addition to the punishment provided for such
crime of violence or drug trafficking crime—
“(i) be sentenced to a term
of imprisonment of not less than 5 years;
“(ii) if the firearm is
brandished, be sentenced to a term of imprisonment of not less than
7 years; and
“(iii) if the firearm is
discharged, be sentenced to a term of imprisonment of not less than
10 years.”
The 1998 reformulation,
furthermore, removed to separate paragraphs the provisions
commanding higher penalties for especially destructive weapons and
“second or subsequent” offenses. See §924(c)(1)(B), (C).[
Footnote 3] While leaving the penalties
for highly destructive weapons unchanged, the revision raised the
base punishment for “second or subsequent” offenses from 20 years
to 25.
Ibid. The reformulation also transferred the bar on
concurrent sentences to §924(c)(1)(D)(ii):
“[N]o term of imprisonment
imposed on a person under this subsection shall run concurrently
with any other term of imprisonment imposed on the person,
including any term of imprisonment imposed for the crime of
violence or drug trafficking crime during which the firearm was
used, carried, or possessed.”
B
The leading portion of the
“except” clause, which now prefaces §924(c)(1)(A), refers to a
“greater minimum sentence … otherwise provided by this subsection,”
i.e., by §924(c) itself; the second segment of the clause
refers to a greater minimum provided outside §924(c) “by any other
provision of law.” Beyond debate, the latter instruction does not
relieve a §924(c) offender of additional punishment “simply because
a higher mandatory minimum sentence exists in the United States
Code.” Brief for Petitioner in No. 09–479, p. 19 (hereinafter
Abbott Brief). Were it otherwise, the statute’s ascending series of
minimums, set out in §924(c)(1)(A)–(C), would have no work to do;
the only possible §924(c) sentence would be the Code’s
highest—life. The “except” clause, it is therefore undisputed, “has
to have
some understood referent to be intelligible.”
United States v.
Parker, 549 F. 3d 5, 11
(CA1 2008). What should that referent be? As we comprehend the
clause, to determine whether a greater minimum sentence is
“otherwise provided … by any other provision of law,” the key
question one must ask is: otherwise provided
for what? As
earlier noted, see
supra, at 3, most courts, in line with
the courts below and the Government, have answered: for the conduct
§924(c) proscribes,
i.e., possessing a firearm in
connection with a predicate crime.
Abbott and Gould disagree and
offer diverse readings. Gould principally would apply the “except”
clause to preclude a §924(c) sentence whenever “any of a
defendant’s counts of convictio[n] at sentencing” require a greater
minimum sentence. Brief for Petitioner in No. 09–7073, p. 14
(hereinafter Gould Brief).
In lieu of Gould’s position that any greater
minimum sentence on a different count of conviction will do, Abbott
advances a somewhat narrower “transactional approach.” Any sentence
imposed on the defendant fits the bill, he urges, so long as the
sentence was imposed “because of the criminal transaction that
triggered §924(c) in the first place.” Abbott Brief 10. Accord
United States v.
Williams, 558 F. 3d 166,
171 (CA2 2009).
Abbott also tenders an alternative
construction: The minimum sentence “otherwise provided” must be for
a firearm offense—for example, Abbott’s felon-in-possession
charge—involving the same firearm that triggered §924(c).[
Footnote 4] Conceding that this reading
is “not commanded by the [statute’s] plain language,” Tr. of Oral
Arg. 24, Abbott asserts that it advances §924(c)’s goal—to
discourage bearing arms in furtherance of crime—while avoiding the
imposition of “two consecutive mandatory minimum sentences for the
single use of a single firearm,” Abbott Brief 47 (emphasis
omitted).
The three interpretations just described share
a common premise. In adding the “except” clause in 1998, all three
posit, Congress adopted a less aggressive mode of applying §924(c),
one that significantly reduced the severity of the provision’s
impact on defendants. Like the courts below, we regard this premise
as implausible. As earlier observed, see
supra, at 5–6,
the pre-1998 version of §924(c) prescribed a discrete
sentence—punishment to be imposed regardless of the sentence
received for the predicate crime or any separate firearm
conviction. Abbott and Gould think the “except” clause installed,
instead, a modest scheme designed simply to ensure that all §924(c)
offenders “serve at least 5 years in prison.” Gould Brief 5; see
Abbott Brief 10. We doubt that Congress meant a prefatory clause,
added in a bill dubbed “An Act [t]o throttle criminal use of guns,”
to effect a departure so great from §924(c)’s longstanding thrust,
i.e., its insistence that sentencing judges impose
additional punishment for §924(c) violations.
Were we to accept any of the readings proposed
by Abbott or Gould, it bears emphasis, we would undercut that same
bill’s primary objective: to expand §924(c)’s coverage to reach
firearm possession. In 1999, more than half of those who violated
§924(c) in connection with a drug-trafficking offense received a
mandatory minimum of ten years or more for that trafficking
offense. Letter from Glenn R. Schmitt, United States Sentencing
Commission, to Supreme Court Library (Nov. 10, 2010) (available in
Clerk of Court’s case file). Congress, however, imposed only a
five-year minimum for firearm possession “in furtherance of” a drug
offense. As construed by Abbott and Gould, the amendment to include
firearm possession as a §924(c) offense would spare the most
serious drug offenders from any discrete punishment for the very
firearm activity the amendment targeted. “We are disinclined to say
that what Congress imposed with one hand … it withdrew with the
other … .”
Logan v.
United States,
552 U. S. 23, 35
(2007).
Abbott’s and Gould’s proposed readings,
moreover, would result in sentencing anomalies Congress surely did
not intend. We note first that §924(c), as they construe it, would
often impose no penalty at all for the conduct that provision makes
independently criminal. Tr. of Oral Arg. 52. For example, an
individual who sold enough drugs to receive a ten-year minimum
sentence under §841(b)(1)(A) could, so far as §924(c) is concerned,
possess or even brandish a gun without incurring any additional
punishment.
Stranger still, under the Abbott and Gould
readings, the worst offenders would often secure the shortest
sentences. Consider two defendants convicted of trafficking in
cocaine. The first possesses 500 grams and is subject to a
mandatory minimum of five years, §841(b)(1)(B); the second
possesses five kilograms and is subject to a mandatory minimum of
ten years, §841(b)(1)(A). Both brandish firearms, calling for a
sentence of seven years under §924(c)(1)(A)(ii). The first
defendant, under all readings, will spend at least 12 years in
prison. The second defendant’s ten-year drug minimum, according to
Abbott and Gould, triggers the “except” clause and wipes out that
defendant’s §924(c) penalty; though the more culpable of the two,
the second defendant’s minimum term would be just ten years. Brief
for United States 40. Like the Third Circuit below, “[w]e are
confident that Congress did not intend such a bizarre result.” 574
F. 3d, at 209.
Abbott’s alternative construction, which homes
in on other firearm offenses, gives rise to similar oddities. On
this reading, Abbott’s 15-year ACCA sentence for being a
felon-in-possession would preempt his five-year §924(c) sentence,
and his minimum term would be 15 years, rather than 20.[
Footnote 5] But if ACCA were not at
issue, Abbott’s minimum term would be the same 15 years: his five-
year §924(c) sentence on top of his ten-year drug sen- tence.
Qualification as a career criminal would carry no consequence.
Nor does Abbott’s second construction
necessarily promote more equitable outcomes. Suppose, for example,
that a career criminal sold drugs together with a first-time
offender, and both brandished firearms in the process. The
first-time offender, lacking a felon-in-possession conviction,
would serve a seven-year §924(c) sentence on top of a ten-year drug
sentence, for a total of 17 years. But the career criminal’s ACCA
sentence would preempt the §924(c) sentence; he would serve only 15
years.
Abbott and Gould respond that sentencing
judges may take account of such anomalies and order appropriate
adjustments. We observe first that no correction or avoidance
appears possible for the anomaly that, while §924(c) “defines a
standalone crime,” a §924(c) sentence would be wiped out by a
wholly separate and independent conviction.
United States
v.
Easter, 553 F. 3d 519, 526 (CA7 2009)
(per
curiam) (“A determination of guilt that yields no sentence is
not a judgment of conviction at all.”). We do, however, agree that
a judge exercising discretion under 18 U. S. C. §3553(a)
“would [not] be
required to sentence” a more culpable
defendant to a lesser term; the judge could increase that
defendant’s sentence for a predicate crime to make up for §924(c)’s
failure to effect any enlargement of the time served.
United
States v
. Whitley, 529 F. 3d 150, 155
(CA2 2008). But we doubt Congress had such a cure in mind in 1998,
seven years before we held, in
United States v.
Booker,
543
U. S. 220 (2005), that district courts have discretion to
depart from the Sentencing Guidelines on the basis of §3553(a).
Abbott and Gould alternatively contend that
Congress could have anticipated that the then-mandatory Guidelines
would resolve disparities. See Abbott Brief 32–35; Gould Brief
30–32. On this view, the “except” clause ensures that a §924(c)
offender incurs a minimum sentence of considerable length; the
Guidelines would then control, elevating that sentence based on
firearm possession or use. See United States Sentencing Commission,
Guidelines Manual §§2D1.1(b)(1), 2K2.1(b)(5) (Nov. 1998)
(increasing offense level for defendants who use or possess
firearms in course of violent crime or drug trafficking);
§§2D1.1(b)(1), 2K2.1(b)(6) (Nov. 2009) (same).
We do not gainsay that Abbott and Gould
project a rational, less harsh, mode of sentencing. But we do not
think it was the mode Congress ordered. Congress expressly rejected
an analogous scheme in 1984, when it amended §924(c) in the same
law that created the Sentencing Commission and the Guidelines. Pub.
L. 98–473, 98 Stat. 1987, 2138. Four years earlier, in
Busic v.
United States,
446 U. S. 398, 404
(1980), we had read §924(c) to impose no penalty when the predicate
crime itself prescribed a firearm enhancement; similarly, Abbott
and Gould now read §924(c) to impose no penalty when the Guidelines
prescribe a firearm enhancement to the predicate sentence. The 1984
legislation “repudiated”
Busic, clarifying that §924(c)
applied even when the predicate crime already “provides for an
enhanced punishment if committed by the use of a deadly or
dangerous weapon or device.”
United States v.
Gonzales,
520
U. S. 1, 10 (1997) (internal quotation marks omitted).
Between 1984 and 1998, Congress expanded the
reach or increased the severity of §924(c) on four occasions, never
suggesting that a Guidelines firearm enhancement might suffice to
accomplish §924(c)’s objective.[
Footnote 6] Nor is there the slightest indication that
Congress was contemplating the Guidelines’ relationship to §924(c)
when it added the “except” clause in the 1998 amendments.[
Footnote 7]
The “except” clause, we note, would have been
a most haphazard way to achieve a Guidelines-driven rollback of
§924(c). If Congress wanted to ensure that §924(c) offenders
“receive at least five years in prison,” and to rely on the
Guidelines for the rest, Abbott Brief 10, there was an obvious
solution: Congress could have excised all prescriptions ordering
that §924(c) sentences shall run consecutively to other sentences.
Without such a requirement,
all defendants would benefit
from a minimum-plus-Guidelines regime—not just the most culpable
offenders. Congress did not adopt that obvious solution, we think,
because it did not want the Guidelines to supplant §924(c).
C
The Government’s reading of the
“except” clause, we are convinced, makes far more sense than the
interpretations urged by Abbott and Gould. In imposing a sentence
for a §924(c) violation “[e]xcept to the extent that a greater
minimum sentence is otherwise provided . . . by any other provision
of law,” Congress meant:
“[I]f another provision of the United States Code
mandates a punishment for using, carrying, or possessing a firearm
in connection with a drug trafficking crime or crime of violence,
and that minimum sentence is longer than the punishment applicable
under §924(c), then the longer sentence applies.” Brief for United
States 17.
This reading gives effect to the
statutory language commanding that all §924(c) offenders shall
receive additional punishment for their violation of that
provision, a command reiterated three times. First, the statute
states that the punishment specified in §924(c)(1) “shall” be
imposed “in addition to” the penalty for the predicate offense.
§924(c)(1)(A). Second, after
Busic, §924(c) demands a
discrete punishment even if the predicate crime itself “provides
for an enhanced punishment if committed by the use of a deadly or
dangerous weapon or device.”
Ibid. Third,
§924(c)(1)(D)(ii) rules out the possibility that a §924(c) sentence
might “run concurrently with any other term of imprisonment.” We
doubt that Congress, having retained this thrice-repeated
instruction, would simultaneously provide an exception severely
limiting application of the instruction. Cf.
Greenlaw v.
United States,
554 U. S. 237, 251
(2008) (“We resist attributing to Congress an intention to render a
statute so internally inconsistent.”).
Interpreting the “except” clause to train on
conduct offending §924(c) also makes sense as a matter of syntax.
The “except” clause is not a standalone enactment, or even a
standalone sentence. Rather, it precedes and qualifies
§924(c)(1)(A)’s principal clause, which punishes the possession of
a firearm in connection with specified predicate crimes. The
“grammatical and logical scope” of a proviso, we have held, “is
confined to the subject-matter of the principal clause” to which it
is attached.
United States v.
Morrow,
266 U. S. 531, 534–535
(1925). As a proviso attached to §924(c), the “except” clause is
most naturally read to refer to the conduct §924(c) proscribes.
Accord
United States v.
Villa, 589 F. 3d
1334, 1343 (CA10 2009).
There is strong contextual support for our
view that Congress intended the “except” clause to serve simply as
a clarification of §924(c), not as a major restraint on the
statute’s operation. At the same time Congress added the “except”
clause, it made the rest of §924(c) more complex. The 1998 revision
divided the statute’s existing sentencing prescriptions into four
paragraphs in lieu of one, and added new penalties for brandishing
and discharging a firearm. §924(c)(1)(A)–(D). We know that Congress
thought the restructuring might confuse sentencing judges: Warding
off confusion, all agree, was the Legislature’s sole objective in
adding the initial part of the “except” clause, which covers
greater minimums provided “by this subsection.” That portion of the
clause instructs judges to pick the single highest sentence
stipulated for a §924(c) violation within §924(c) itself, and not
to stack ten years for discharging a gun on top of seven for
brandishing the same weapon, whenever a defendant does both.
In referencing greater minimums provided by
“any other provision of law,” we think, the second portion of the
“except” clause simply furnishes the same no-stacking instruction
for cases in which §924(c) and a different statute both punish
conduct offending §924(c). Congress likely anticipated such cases
when the “except” clause was framed in 1998, for the bill that
reformulated the text of §924(c) did just one thing more: It
amended 18 U. S. C. §3559(c) to command a life sentence when
certain repeat felons are convicted of “firearms possession (as
described in §924(c)).” Pub. L. 105–386, §1(b), 112 Stat. 3470.
Our interpretation, Abbott and Gould protest,
renders the second part of the “except” clause effectively
meaningless. Section 3559(c) is the only existing statute, outside
of §924(c) itself, the Government places within the “except”
clause. Tr. of Oral Arg. 32–35, 42–44.[
Footnote 8] But §3559(c) already imposes a life sentence.
A defendant would find little comfort in knowing that no §924(c)
sentence, say five years or seven, will be tacked on to his
§3559(c) life term.
As Courts of Appeals have observed, however,
the “any other provision of law” portion of the “except” clause
installs a “safety valve.”
United States v.
Studifin, 240 F. 3d 415, 423 (CA4 2001). It “allow[s]
for additional §924(c) sentences,” akin to the sentence prescribed
in §3559(c), that Congress may codify outside §924(c) “in the
future.” See
Abbott, 574 F. 3d, at 208. We do not
regard this allowance as “implausible.” See Abbott Brief 22; Gould
Brief 21. As the Government points out, “there is nothing unusual
about Congress prescribing mandatory minimum penalties for
substantive offenses codified in other provisions.” Brief for
United States 22. See,
e.g., §3559(c) (prescribing
penalties for violations of,
inter alia, 49 U. S. C.
§46502 and 18 U. S. C. §§1111, 2111, 2113, and 2118); §3559(d)
(prescribing penalties for violations of,
inter alia, 18
U. S. C. §§2422, 2423, and 2251); 18 U. S. C. §924(e)
(prescribing penalty for violation of §922(g)). See also 18 U.
S. C. §924(j)(1) (prescribing a nonmandatory penalty of death
for individuals who commit murder with a firearm in the course of a
§924(c) offense).
Our decisions in
Gonzales and
Republic of Iraq v.
Beaty, 556 U. S. ___ (2009),
do not warrant a different conclusion. We observed in
Gonzales that “the word ‘any’ [ordinarily] has an
expansive meaning.” 520 U. S., at 5 (holding that “any other term
of imprisonment” includes terms imposed by state courts). See also
Beaty, 556 U. S., at ___ (slip op., at 7) (the word “any”
in “any other provision of law” was “no warrant to limit the class
of provisions of law”). But our decision on the petitions of Abbott
and Gould does not turn on artificial confinement of the phrase
“any other provision of law.” We rely, instead, on the different
direction Congress prescribed for the “except” clause: It applies
only when “a greater minimum sentence is otherwise provided.” “In
the contest between reading” that phrase “to refer to penalties for
the [§924(c)] offense in question or to penalties for any [other]
offense [a defendant commits], we believe the former is the most
natural.”
Easter, 553 F. 3d, at 526.[
Footnote 9]
* * *
For the reasons stated, the
judgments of the Court of Appeals for the Third Circuit and the
Court of Appeals for the Fifth Circuit are
Affirmed.
Justice Kagan took no part in the
consideration or decision of these cases.
Footnote 1
Abbott received ten years on each
drug-trafficking count. Those sentences, imposed concurrently, did
not alter his total term of imprisonment and do not figure in this
case.
Footnote 2
Compare
United States v.
Williams, 558 F. 3d 166, 171 (CA2 2009) (clause
covers “minimum sentences for … offenses arising from the same
criminal transaction or operative set of facts”); and
United
States v.
Almany, 598 F. 3d 238, 241 (CA6 2010)
(clause applies whenever a defendant “is subject” to a greater
mandatory minimum), with
United States v.
Parker,
549 F. 3d 5, 11–12 (CA1 2008) (clause does not cover sentences
for predicate drug offenses but might cover sentences for ACCA
firearm offenses);
United States v.
Villa, 589
F. 3d 1334, 1343 (CA10 2009) (clause covers only sentences for
conduct offending §924(c));
United States v.
Segarra, 582 F. 3d 1269, 1272–1273 (CA11 2009)
(same); 574 F. 3d, at 208 (case below) (same);
United
States v.
Easter, 553 F. 3d 519, 526 (CA7 2009)
(per curiam) (same);
United States v.
Studifin, 240 F. 3d 415, 423 (CA4 2001) (same);
United States v.
Alaniz, 235 F. 3d 386 (CA8
2000) (same); and 329 Fed. Appx., at 570 (case below) (same).
Footnote 3
These provisions read:
“(B) If the firearm possessed by a person
convicted of a violation of this subsection—
“(i) is a short-barreled rifle, short-barreled
shotgun, or semiautomatic assault weapon, the person shall be
sentenced to a term of imprisonment of not less than 10 years;
or
“(ii) is a machinegun or a destructive device,
or is equipped with a firearm silencer or firearm muffler, the
person shall be sentenced to a term of imprisonment of not less
than 30 years.
“(C) In the case of a second or subsequent
conviction under this subsection, the person shall—
“(i) be sentenced to a term of imprisonment of
not less than 25 years; and
“(ii) if the firearm involved is a machinegun
or a destructive device, or is equipped with a firearm silencer or
firearm muffler, be sentenced to imprisonment for life.”
Footnote 4
Because Gould’s only firearm-related offense
is his §924(c) offense, Gould’s sentence would stand under Abbott’s
alternative construction.
Footnote 5
ACCA sentences may run concurrently with drug
sentences.
Footnote 6
Firearms Owners’ Protection Act, 1986, Pub.
L. 99–308, §104(a), 100 Stat. 456–457 (increasing sentences for
certain firearms and adding drug trafficking as a predicate
felony); Anti-Drug Abuse Act of 1988, Pub. L. 100–690, §6460, 102
Stat. 4373–4374 (increasing sentences); Crime Control Act of 1990,
Pub. L. 101–647, §1101, 104 Stat. 4829 (same); Public Safety and
Recreational Firearms Use Protection Act, 1994, Pub. L. 103–322,
§110102(c), 108 Stat. 1998 (same).
Footnote 7
For those who take legislative history into
account, it is as silent as is the statute’s text. The sole
reference to the “except” clause appears in the statement of one
witness at a Senate hearing. See Hearing on S. 191 before the
Senate Committee on the Judiciary, 105th Cong., 1st Sess., 38
(1997) (statement of Thomas G. Hungar) (“[B]y adding an
introductory clause authorizing imposition of stiffer minimum
sentences if required under other provisions of law, S. 191
eliminates any potential inconsistency with other statutes.”).
Footnote 8
We agree with the Government that a
qualifying statute need not “explicit[ly] reference” §924(c), Tr.
of Oral Arg. 27; a statute will fit the bill if it provides a
greater mandatory minimum for an offense that embodies all the
elements of a §924(c) offense.
Footnote 9
Abbott and Gould invoke the rule of lenity as
a final reason to construe the “except” clause to bar their
punishments under §924(c); if their proposed limitations are
textually possible, they maintain, we may not choose the
Government’s. “[T]he touchstone of the rule of lenity is statutory
ambiguity.”
Bifulco v.
United States,
447 U. S. 381, 387
(1980) (internal quotation marks omitted). “[A]fter consulting
traditional canons of statutory construction,”
United
States v.
Shabani,
513 U. S. 10, 17 (1994),
we are persuaded that none remains here: The “except” clause covers
only conduct offending §924(c). Although the clause might have been
more meticulously drafted, the “grammatical possibility” of a
defendant’s interpretation does not command a resort to the rule of
lenity if the interpretation proffered by the defendant reflects
“an implausible reading of the congressional purpose.”
Caron v.
United States,
524 U. S. 308, 316
(1998).
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