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SUPREME COURT OF THE UNITED STATES
_________________
No. 15–9260
_________________
LEVON DEAN, Jr., PETITIONER
v. UNITED
STATES
on writ of certiorari to the united states
court of appeals for the eighth circuit
[April 3, 2017]
Chief Justice Roberts delivered the opinion of
the Court.
Congress has made it a separate offense to use
or possess a firearm in connection with a violent or drug
trafficking crime. 18 U. S. C. §924(c). That separate
firearm offense carries a mandatory minimum sentence of five years
for the first conviction and 25 years for a second. Those sentences
must be in addition to and consecutive to the sentence for the
underlying predicate offense. The question presented is whether, in
calculating the sentence for the predicate offense, a judge must
ignore the fact that the defendant will serve the mandatory
minimums imposed under §924(c).
I
Levon Dean, Jr., and his brother robbed a
methamphetamine dealer in a Sioux City motel room. Less than two
weeks later, they robbed another drug dealer at his home. During
each robbery, Dean’s brother threatened the victim with a modified
semiautomatic rifle, later using that rifle to club the victim on
the head. Dean, meanwhile, ransacked the area for drugs, money, and
other valuables.
A federal grand jury returned a multicount
indictment charging Dean and his brother with a host of crimes
related to the two robberies. Following a joint trial, a jury
convicted Dean of one count of conspiracy to commit robbery, two
counts of robbery, and one count of possessing a firearm as a
convicted felon. He was also convicted of two counts of possessing
and aiding and abetting the possession of a firearm in furtherance
of a crime of violence, in violation of 18 U. S. C. §§2
and 924(c). Section 924(c) criminalizes using or carrying a firearm
during and in relation to a crime of violence or drug trafficking
crime, or possessing a firearm in furtherance of such an underlying
crime. There is no dispute that Dean’s two robbery convictions
qualified as predicate crimes of violence for purposes of
§924(c).
Section 924(c) does more than create a distinct
offense. It also mandates a distinct penalty, one that must be
imposed “
in addition to the punishment provided for
[the predicate] crime of violence or drug trafficking crime.”
§924(c)(1)(A) (emphasis added). A first-time offender under §924(c)
receives a five-year mandatory minimum. A “second or subsequent
conviction” under §924(c) carries an additional 25-year mandatory
minimum. §§924(c)(1)(A)(i), (C)(i).
A sentence imposed under §924(c) must run
consecutively to “any other term of imprisonment imposed on the
person,” including any sentence for the predicate crime “during
which the firearm was used, carried, or possessed.”
§924(c)(1)(D)(ii). For Dean, this meant a 30-year mandatory
minimum, to be served after and in addition to any sentence he
received for his other counts of conviction.
At sentencing Dean did not dispute that each of
his four other counts resulted in a sentencing range of 84–105
months under the Sentencing Guidelines. He argued, however, that
the court should consider his lengthy mandatory minimum sentences
when calculating the sentences for his other counts, and impose
concurrent one-day sentences for those counts.
Finding that Dean was “clearly the follower” and
that he lacked “any significant history of any violence,” the
District Judge agreed that 30 years plus one day was “more than
sufficient for a sentence in this case.” App. 26. Yet the judge
understood §924(c) to preclude such a sentence. In his view, he was
required to disregard Dean’s 30-year mandatory minimum when
determining the appropriate sentences for Dean’s other counts of
conviction. Viewed on their own—and not as part of a combined
package—those counts plainly warranted sentences longer than one
day. In the end, the judge still granted a significant downward
variance from the 84–105 month Guidelines range. Dean received
concurrent sentences of 40 months for each non-§924(c) conviction,
which, when added to his 360-month mandatory minimum, yielded a
total sentence of 400 months. Dean appealed.
Before the Eighth Circuit, Dean argued that the
District Court had erred in concluding that it could not vary from
the Guidelines range based on the mandatory minimum sentences he
would receive under §924(c). The Court of Appeals disagreed, ruling
that Dean’s argument was foreclosed by Circuit precedent and that
his sentence was otherwise substantively reasonable. 810 F. 3d
521 (2015). We granted certiorari. 580 U. S. ___ (2016).
II
Sentencing courts have long enjoyed discretion
in the sort of information they may consider when setting an
appropriate sentence.
Pepper v.
United States, 562
U. S. 476 –489 (2011). This durable tradition remains, even as
federal laws have required sentencing courts to evaluate certain
factors when exercising their discretion.
Ibid.
A
Section 3553(a) of Title 18 specifies the
factors courts are to consider in imposing a sentence. The list of
factors is preceded by what is known as the parsimony principle, a
broad command that instructs courts to “impose a sentence
sufficient, but not greater than necessary, to comply with” the
four identified purposes of sentencing: just punishment,
deterrence, protection of the public, and rehabilitation.
Ibid. A sentencing court is then directed to take into
account “the nature and circumstances of the offense and the
history and characteristics of the defendant,” as well as “the need
for the sentence imposed” to serve the four overarching aims of
sentencing. §§3553(a)(1), (2)(A)–(D); see
Gall v.
United
States, 552 U. S. 38 , n. 6 (2007). The court must
also consider the pertinent guidelines and policies adopted by the
Sentencing Commission. §§3553(a)(4), (5); see
id., at 50,
n. 6.
The §3553(a) factors are used to set both the
length of separate prison terms and an aggregate prison term
comprising separate sentences for multiple counts of conviction.
Under §3582 a court, “in determining whether to impose a term of
imprisonment, and, if a term of imprisonment is to be imposed, in
determining the length of the term, shall consider the factors set
forth in section 3553(a).” §3582(a). And §3584 provides: “[I]n
determining whether the terms imposed are to be ordered to run
concurrently or consecutively, [the court] shall consider, as to
each offense for which a term of imprisonment is being imposed, the
factors set forth in section 3553(a).” §3584(b).
As a general matter, the foregoing provisions
permit a court imposing a sentence on one count of conviction to
consider sentences imposed on other counts. Take the directive that
a court assess “the need for the sentence imposed . . .
to protect the public from further crimes of the defendant.”
§3553(a)(2)(C). Dean committed the two robberies at issue here when
he was 23 years old. That he will not be released from prison until
well after his fiftieth birthday because of the §924(c) convictions
surely bears on whether—in connection with his predicate
crimes—still more incarceration is necessary to protect the public.
Likewise, in considering “the need for the sentence imposed
. . . to afford adequate deterrence,” §3553(a)(2)(B), the
District Court could not reasonably ignore the deterrent effect of
Dean’s 30-year mandatory minimum.
According to the Government, this is not how
sentencing is meant to work. Rather, district courts should
calculate the appropriate term of imprisonment for each individual
offense. That determination, insists the Government, disregards
whatever sentences the defendant may also face on other counts. Not
until deciding whether to run sentences consecutively or
concurrently—
i.e., not until applying §3584—should a
district court consider the effect of those other sentences. Brief
for United States 21–26.
Nothing in the law requires such an approach.
The Government states that the §3553(a) factors are “normally
relevant in determining the total length of imprisonment” under
§3584.
Id., at 28. No doubt they are. But there is no reason
they may not also be considered at the front end, when determining
a prison sentence for each individual offense in a multicount
case.
At odds with the text, the Government’s
interpretation is also at odds with its own practice in “sentencing
package cases.”
Greenlaw v.
United States, 554
U. S. 237, 253 (2008) . “Those cases typically involve
multicount indictments and a successful attack by a defendant on
some but not all of the counts of conviction.”
Ibid. In
those cases—including ones where §924(c) convictions are
invalidated—the Government routinely argues that an appellate court
should vacate the entire sentence so that the district court may
increase the sentences for any remaining counts up to the limit set
by the original aggregate sentence. See
United States v.
Smith, 756 F. 3d 1179, 1188–1189, and n. 5 (CA10 2014)
(collecting cases). And appellate courts routinely agree.
Id., at 1189, and n. 6 (same). As we understand it, the
Government’s theory in those cases is that the district court may
have relied on a now-vacated conviction when imposing sentences for
the other counts. But that theory of course directly contradicts
the position the Government now advances—that district courts must
determine sentences independently of one another, accounting for
multiple sentences only when deciding whether to stack them or run
them concurrently.
B
Nothing in §924(c) restricts the authority
conferred on sentencing courts by §3553(a) and the related
provisions to consider a sentence imposed under §924(c) when
calculating a just sentence for the predicate count.
The Government points to two limitations in
§924(c). First, the Government notes, a mandatory sentence under
§924(c) must be imposed “
in addition to the
punishment provided” for the predicate crime. §924(c)(1)(A)
(emphasis added). This limitation says nothing about the length of
a non-§924(c) sentence, much less about what information a court
may consider in determining that sentence. Whether the sentence for
the predicate offense is one day or one decade, a district court
does not violate the terms of §924(c) so long as it imposes the
mandatory minimum “in addition to” the sentence for the violent or
drug trafficking crime.
Second, §924(c) states that “no 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
[predicate] crime during which the firearm was used, carried, or
possessed.” §924(c)(1)(D)(ii). Nothing in that language prevents a
district court from imposing a 30-year mandatory minimum sentence
under §924(c) and a one-day sentence for the predicate violent or
drug trafficking crime, provided those terms run one after the
other. The Government emphasizes that the requirement of
consecutive sentences removes the discretion to run sentences
concurrently that district courts exercise under §3584. We agree.
So does Dean, for that matter. But we fail to see the significance
of the point. The bar on imposing concurrent sentences does not
affect a court’s discretion to consider a mandatory minimum when
calculating each individual sentence.
The Government would, in effect, have us read an
additional limitation into §924(c): Where §924(c) says “in addition
to the punishment provided for [the predicate] crime of violence,”
what the statute
really means is “in addition to the
punishment provided for [the predicate] crime of violence
in the
absence of a Section 924(c) conviction.” See Reply Brief 2. We
have said that “[d]rawing meaning from silence is particularly
inappropriate” where “Congress has shown that it knows how to
direct sentencing practices in express terms.”
Kimbrough v.
United States, 552 U. S. 85, 103 (2007) . Congress has
shown just that in another statute, 18 U. S. C. §1028A.
That section, which criminalizes the commission of identity theft
“during and in relation to” certain predicate felonies, imposes a
mandatory minimum sentence “in addition to the punishment provided
for” the underlying offense. §1028A(a)(1). It also says that the
mandatory minimum must be consecutive to the sentence for the
underlying offense. §1028A(b)(2). So far, §1028A tracks §924(c) in
relevant respects. But §1028A goes further: It provides that in
determining the appropriate length of imprisonment for the
predicate felony “a court shall not in any way reduce the term to
be imposed for such crime so as to compensate for, or otherwise
take into account, any separate term of imprisonment imposed or to
be imposed for a violation of this section.” §1028A(b)(3). Section
1028A says just what the Government reads §924(c) to say—of course,
without
actually saying it.
The Government responds that §1028A was passed
in 2004, long after Congress enacted the 1984 amendments creating
the current sentencing regime in §924(c). Brief for United States
46. True. But §1028A confirms that it would have been easy enough
to make explicit what the Government argues is implicit in §924(c).
It also underscores that for over a decade Congress has been aware
of a clear way to bar consideration of a mandatory minimum, but
never during that time changed the language of §924(c) to mirror
that of §1028A, even as it has amended other aspects of
§924(c).
* * *
The Government speaks of Congress’s intent to
prevent district courts from bottoming out sentences for predicate
§924(c) offenses whenever they think a mandatory minimum under
§924(c) is already punishment enough. But no such intent finds
expression in the language of §924(c). That language simply
requires any mandatory minimum under §924(c) to be imposed “in
addition to” the sentence for the predicate offense, and to run
consecutively to that sentence. Nothing in those requirements
prevents a sentencing court from considering a mandatory minimum
under §924(c) when calculating an appropriate sentence for the
predicate offense.
The judgment of the United States Court of
Appeals for the Eighth Circuit is reversed, and the case is
remanded for further proceedings consistent with this opinion.
It is so ordered.
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