OPINION OF THE COURT
LOGAN V. UNITED STATES
552 U. S. ____ (2007)
SUPREME COURT OF THE UNITED STATES
NO. 06-6911
JAMES D. LOGAN, PETITIONER
v. UNITED
STATES
on writ of certiorari to the united states court of
appeals for the seventh circuit
[December 4, 2007]
Justice Ginsburg delivered the
opinion of the Court.
Petitioner James D. Logan pleaded
guilty in a United States District Court to being a felon in
possession of a firearm, in violation of 18 U. S. C.
§922(g)(1). Logan’s record as a recidivist, which included three
relevant state convictions, led the District Court to impose a
15-year prison term, the minimum sentence mandated by the Armed
Career Criminal Act of 1984 (ACCA), 18 U. S. C. §924(e)(1)
(2000 ed., Supp. V). For ACCA sentence-enhancement purposes, a
prior conviction may be disregarded if the conviction “has been
expunged, or set aside,” or the offender “has been pardoned or has
had civil rights restored.” §921(a)(20) (2000 ed.). None of Logan’s
prior convictions have been expunged or set aside. Nor has he been
pardoned for any past crime. And, bearing importantly on the
instant petition, the three state-court convictions that triggered
Logan’s ACCA-enhanced sentence occasioned no loss of civil
rights.
Challenging his enhanced sentence, Logan
presents this question: Does the “civil rights restored” exemption
contained in §921(a)(20) encompass, and therefore remove from
ACCA’s reach, state-court convictions that at no time deprived the
offender of civil rights? We hold that the §921(a)(20) exemption
provision does not cover the case of an offender who retained civil
rights at all times, and whose legal status, postconviction,
remained in all respects unaltered by any state dispensation.
Section 921(a)(20) sets out postconviction
events—expungement, set aside, pardon, or restoration of civil
rights—that extend to an offender a measure of forgiveness,
relieving him from some or all of the consequences of his
conviction. Congress might have broadened the §921(a)(20) exemption
provision to cover convictions attended by no loss of civil rights.
The national lawmakers, however, did not do so. Section
921(a)(20)’s failure to exempt convictions that do not revoke civil
rights produces anomalies. But so does the extension of the
§921(a)(20) exemption that Logan advances. We are not equipped to
say what statutory alteration, if any, Congress would have made had
its attention trained on offenders who retained civil rights; nor
can we recast §921(a)(20) in Congress’ stead.
I
Federal law generally prohibits
the possession of a firearm by a person convicted of “a crime
punishable by imprisonment for a term exceeding one year.” 18 U.
S. C. §922(g)(1). Ordinarily, the maximum felon-in-possession
sentence is 10 years. See §924(a)(2). If the offender’s prior
criminal record includes at least three convictions for “violent
felon[ies]” or “serious drug offense[s],” however, the maximum
sentence increases to life, and ACCA mandates a minimum term of 15
years. §924(e)(1) (2000 ed., Supp. V).
Congress defined the term
“violent felony” to include specified crimes “punishable by
imprisonment for a term exceeding one year.” §924(e)(2)(B) (2000
ed.). An offense classified by a State as a misdemeanor, however,
may qualify as a “violent felony” for ACCA-enhancement purposes (or
as a predicate for a felon-in-possession conviction under §922(g))
only if the offense is punishable by more than two years in prison.
§921(a)(20)(B).
In
Dickerson v.
New Banner
Institute, Inc.,
460 U. S. 103 (1983), we
held that a State’s expungement of a conviction did not nullify the
conviction for purposes of the firearms disabilities Congress
placed in §§922(g)(1) and (h)(1). In so ruling, we noted that our
decision would ensure greater uniformity in federal sentences. See
id., at 119–120. Provisions for expungement “var[ied]
widely from State to State,” we observed,
id.,
at 120, and yielded “nothing less than a national patchwork,”
id., at 122.
In the Firearms Owners’ Protection Act (FOPA),
100 Stat. 449 (1986), Congress amended §921(a)(20) in response to
Dickerson’s holding that, for purposes of federal firearms
disabilities, state law did not determine the present impact of a
prior conviction. The amended provision excludes from qualification
as a “crime punishable by imprisonment for a term exceeding one
year” (or a misdemeanor under state law punishable by more than two
years in prison):
“Any conviction which has been expunged, or set
aside or for which a person has been pardoned or has had civil
rights restored … unless such pardon, expungement, or restoration
of civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.” 18 U. S. C.
§921(a)(20).[
Footnote 1]
While §921(a)(20) does not define the term “civil
rights,” courts have held, and petitioner agrees, that the civil
rights relevant under the above-quoted provision are the rights to
vote, hold office, and serve on a jury. See Brief for
Petitioner 13, n. 10; cf.
Caron v.
United
States,
524 U.
S. 308, 316 (1998).
II
On May 31, 2005, police officers
responded to a domestic disturbance complaint made by Logan’s
girlfriend, Asenath Wilson. App. 9, 12. Wilson told the
officers, among other things, that she had seen Logan with a gun
and that he usually kept it in the car.
Ibid. Logan, who
was with Wilson when the police arrived, consented to a search of
his car.
Id., at 11. In a hidden compartment behind
the glove box, the officers found a 9-millimeter handgun.
Id., at 9–10, 12.
Logan pleaded guilty to the
federal offense of possession of a firearm after having been
convicted of a felony.
Id., at 12. (In 1991, he had
been convicted in an Illinois court of unlawful possession of a
controlled substance.
Id., at 9–10, 12.) The United
States District Court for the Western District of Wisconsin
sentenced Logan to imprisonment for 15 years, the mandatory minimum
under ACCA. In imposing that enhanced sentence, the District Court
took account of Logan’s three Wisconsin misdemeanor battery
convictions, each punishable by a maximum sentence of three years’
imprisonment.
Id., at 16–18.[
Footnote 2]
Both in the District Court and on appeal,
Logan argued that his Wisconsin misdemeanor convictions did not
qualify as ACCA predicate offenses because they caused no loss of
his civil rights. Rights retained, he urged, are functionally
equivalent to rights revoked but later restored. If the exemption
contained in §921(a)(20) covered the three state-court misdemeanor
convictions, Logan’s maximum sentence, in lieu of the 15-year
mandatory minimum under ACCA, would have been 10 years, see
§924(a)(2), and the United States Sentencing Guidelines would have
indicated a sentence range of 37 to 46 months, see Brief for
Petitioner 5. The District Court rejected Logan’s argument,
holding that the §921(a)(20) exemption provision “applies only to
defendants whose civil rights were both lost and restored pursuant
to state statutes.” App. to Pet. for Cert. 11. Accordingly, the
court sentenced Logan to imprisonment for 15 years.
Id.,
at 12.
The United States Court of Appeals for the
Seventh Circuit affirmed, concluding that “an offender whose civil
rights have been neither diminished nor returned is not a person
who ‘has had civil rights restored.’ ” 453 F. 3d 804, 805
(2006). Logan’s argument for treating retained rights the same way
as restored rights, the appeals court observed, “go[es] in the
teeth of [§921(a)(20)’s] text.”
Ibid.
We granted certiorari, 549 U. S. ___ (2007),
to resolve a split among the Circuits as to whether §921(a)(20)’s
exception for “civil rights restored” should be interpreted to
include civil rights retained at all times. Compare 453 F. 3d,
at 809 (case below) (“civil rights restored” does not include
civil rights never revoked), and
McGrath v.
United
States, 60 F. 3d 1005 (CA2 1995) (same), with
United
States v.
Indelicato, 97 F. 3d 627, 631 (CA1
1996) (“civil rights restored” includes civil rights never
lost).
III
Logan pleaded guilty to being a
felon in possession of a firearm, in violation of §922(g)(1), and
received a mandatory minimum 15-year sentence because he had at
least three prior convictions for “violent felon[ies].” §924(e)(1)
(2000 ed., Supp. V). He acknowledges his convictions in Wisconsin
for three battery offenses that facially qualify as violent
felonies under §921(a)(20)(B) (2000 ed.). See Brief for
Petitioner 4–5. Thus the sole matter in dispute is whether
Logan fits within the exemption from an ACCA-enhanced sentence for
convictions “expunged, or set aside” or offenders who “ha[ve] been
pardoned or ha[ve] had civil rights restored.” §921(a)(20). None of
Logan’s battery convictions have been expunged, set aside, or
pardoned. See 453 F. 3d, at 809. Under Wisconsin law,
felons lose but can regain their civil rights and can gain the
removal of firearms disabilities. See Wis. Stat. §6.03(1)(b) (Supp.
2006); Wis. Const., Art. XIII, §3(2); Wis. Stat. §756.02
(2001); §973.176(1) (2007). Persons convicted of misdemeanors,
however, even if they are repeat offenders, generally retain their
civil rights and are not subject to firearms disabilities.
With this background in view, we
turn to the proper interpretation of the §921(a)(20) exemption from
ACCA-enhanced sentencing for offenders who have had their “civil
rights restored.” Logan’s misdemeanor convictions, we reiterate,
did not result in any loss of the rights to vote, hold public
office, or serve on juries. Should he nonetheless be ranked with
offenders whose rights were terminated but later restored? The
ordinary meaning of the word “restored” affords Logan no aid. In
line with dictionary definitions,[
Footnote 3] the Court of Appeals stated: “The word
‘restore’ means to give back something that had been taken away.”
453 F. 3d, at 805. Accord
McGrath, 60
F. 3d, at 1007 (“The ‘restoration’ of a thing never lost
or diminished is a definitional impossibility.”); cf.
Indelicato, 97 F. 3d, at 629 (“Clearly the
ordinary reading of the word ‘restored’ supports the
government.”).
The context in which the word “restored”
appears in §921(a)(20) counsels adherence to the word’s ordinary
meaning. Words in a list are generally known by the company they
keep.
E.g.,
Dole v.
Steelworkers,
494 U. S. 26, 36
(1990);
Beecham v.
United States,
511 U. S. 368, 371
(1994). In §921(a)(20), the words “civil rights restored” appear in
the company of the words “expunged,” “set aside,” and “pardoned.”
Each term describes a measure by which the government relieves an
offender of some or all of the consequences of his conviction. In
contrast, a defendant who retains rights is simply left alone. He
receives no status-altering dispensation, no token of forgiveness
from the government.
Opposing a plain-meaning approach to the
language Congress enacted, Logan relies dominantly on the harsh
results a literal reading could yield: Unless retention of rights
is treated as legally equivalent to restoration of rights, less
serious offenders will be subject to ACCA’s enhanced penalties
while more serious offenders in the same State, who have had civil
rights restored, may escape heightened punishment.
E.g.,
Reply Brief 8 (“[I]ndividuals who have committed more serious
crimes than Petitioner may nonetheless have their rights restored,
whereas misdemeanants who never lost their rights must suffer
enhanced sentencing.”). Logan urges that this result—treating those
who never lost their civil rights more harshly than those who lost,
then regained, those rights—is not merely anomalous; it rises to
the level of the absurd, particularly in States where restoration
of civil rights is automatic and occurs immediately upon release
from prison. See
Caron, 524 U. S., at 313 (automatic
restoration of rights qualifies for §921(a)(20)’s exemption).
Logan’s argument, we note, overlooks
§921(a)(20)’s “unless” clause. Under that provision, an offender
gains no exemption from ACCA’s application through an expungement,
set aside, pardon, or restoration of civil rights if the
dispensation “expressly provides that the [offender] may not ship,
transport, possess, or receive firearms.” Many States that restore
felons’ civil rights (or accord another measure of forgiveness)
nonetheless impose or retain firearms disabilities. See Brief for
United States 30 (citing,
inter alia, La. Stat. Ann.
§14:95.1(C) (West Supp. 2007), under which felons’ firearms
disabilities are lifted only after 10 years and only if no further
felony convictions intervene).[
Footnote 4] We further note that Wisconsin has addressed,
and prospectively eliminated, the anomaly Logan asserts he
encountered: Wisconsin no longer punishes misdemeanors by more than
two years of imprisonment, and thus no longer has any misdemeanors
that qualify as ACCA predicates. See
supra,
at 4–5, n. 2.
One can demur to Logan’s argument that a
literal reading of §921(a)(20) could produce anomalous results, for
the resolution he proposes—reading into the exemption convictions
under which civil rights are retained—would correct one potential
anomaly while creating others. See
McGrath, 60 F. 3d,
at 1009. Under Logan’s proposed construction, the most
dangerous recidivists in a State that does not revoke any
offender’s civil rights could fall within §921(a)(20)’s exemption.
For example, Maine does not deprive any offenders of their civil
rights. See Lodging for National Association of Criminal Defense
Lawyers et al. as
Amici Curiae (NACDL Lodging),
App. 1, pp. 23–24. As Logan would have us read
§921(a)(20), all Maine crimes, including first-degree murder, would
be treated as crimes for which “civil rights [have been] restored,”
while less serious crimes committed elsewhere would not.
In
McGrath, the Second Circuit
incisively identified Congress’ response to
Dickerson, see
supra, at 3, as the cause of the multiple anomalies
§921(a)(20) may produce:
“[Congress’] decision to have restoration triggered
by events governed by state law insured anomalous results. The
several states have considerably different laws governing pardon,
expungement, and forfeiture and restoration of civil rights.
Furthermore, states have drastically different policies as to when
and under what circumstances such discretionary acts of grace
should be extended… . [Anomalies generated by §921(a)(20)] are
the inevitable consequence of making access to the exemption depend
on the differing laws and policies of the several states.” 60
F. 3d, at 1009.
Accord 453 F. 3d, at 807 (“When Congress
replaced
Dickerso[n] … it ensured that similarly situated
people would be treated differently—for states vary widely in which
if any civil rights a convict loses and whether these rights are
restored.”). See also M. Love, Relief from the Collateral
Consequences of a Criminal Conviction: A State-by-State Resource
Guide (2006), updated online at
http://www.sentencingproject.org/PublicationDetails.aspx?PublicationID=486
(as visited Nov. 27, 2007, and in Clerk of Court’s case file)
(surveying state practices).
Were we to accept Logan’s argument, it bears
emphasis, we would undercut §921(a)(20)(B), which places within
ACCA’s reach state misdemeanor convictions punishable by more than
two years’ imprisonment. Because state-law misdemeanors generally
entail no revocation of civil rights,[
Footnote 5] Logan’s proposed reading of the word
“restored” to include “retained” would yield this curiosity: An
offender would fall within ACCA’s reach if his three prior offenses
carried potential prison terms of over two years, but that same
offender would be released from ACCA’s grip by virtue of his
retention of civil rights. We are disinclined to say that what
Congress imposed with one hand (exposure to ACCA) it withdrew with
the other (exemption from ACCA).
We may assume,
arguendo, that when
Congress revised §921(a)(20) in 1986, see
supra,
at 3, it labored under the misapprehension that all
offenders—misdemeanants as well as felons—forfeit civil rights, at
least temporarily. Even indulging the further assumption that
courts may repair such a congressional oversight or
mistake,[
Footnote 6] we could
hardly divine the revision the Legislature would favor. Perhaps
Congress would choose to exempt offenders who never lost their
civil rights. See
McGrath, 60 F. 3d, at 1009.
But it is also plausible that Congress would remove the exemption
for civil rights restoration as insufficiently indicative of
official forgiveness. Or, Congress might elect to include
restorations of civil rights along with expungements, set asides,
and pardons only if the restoration was nonautomatic,
i.e., granted on a case-by-case basis. Homing in on the
disparities resulting from diverse state legislation, see
supra, at 9–10, Congress might even revise
§921(a)(20) to provide, in accord with
Dickerson, that
federal rather than state law defines a conviction for purposes of
§§922 and 924. See 453 F. 3d, at 806–807.
In all events, a measure adopted ten years
after §921(a)(20) was given its current shape cautions against any
assumption that Congress did not mean to deny that exemption to
offenders who retained their civil rights. In 1996, Congress
enacted §922(g)(9), which outlaws possession of a firearm by anyone
“who has been convicted … of a misdemeanor crime of domestic
violence.” See Pub. L. 104–208, Tit. VI, §658, 110 Stat.
3009–371 to 3009–372. Tailored to §922(g)(9), Congress adopted a
definitional provision, corresponding to §921(a)(20), which
reads:
“A person shall not be considered to have been
convicted of [a misdemeanor crime of domestic violence] if the
conviction has been expunged or set aside, or is an offense for
which the person has been pardoned or has had civil rights restored
(if the law of the applicable jurisdiction provides for the
loss of civil rights under such an offense) unless the pardon,
expungement, or restoration of civil rights expressly provides that
the person may not ship, transport, possess, or receive firearms.”
18 U. S. C. §921(a)(33)(B)(ii) (emphasis added).
Section 921(a)(33)(B)(ii) tracks
§921(a)(20) in specifying expungement, set aside, pardon, or
restoration of rights as dispensations that can cancel lingering
effects of a conviction. But the emphasized parenthetical
qualification shows that the words “civil rights restored” do not
cover a person whose civil rights were never taken away. See 453
F. 3d, at 808. Section 921(a)(33)(B)(ii) casts
considerable doubt on Logan’s hypothesis that, had Congress
adverted to the issue when it drafted §921(a)(20), it would have
placed in the same category persons who regained civil rights and
persons who retained civil rights.
Congress’ enactment of §921(a)(33)(B)(ii) is
also relevant to Logan’s absurdity argument. See
supra,
at 7–8. Statutory terms, we have held, may be interpreted
against their literal meaning where the words “could not
conceivably have been intended to apply” to the case at hand.
Cabell v.
Markham, 148 F. 2d 737, 739 (CA2)
(L. Hand, J.), aff’d,
326 U. S. 404 (1945);
see
Green v.
Bock Laundry Machine Co.,
490 U. S. 504, 511
(1989) (Federal Rule of Evidence 609(a)(1) “can’t mean what it
says” (internal quotation marks omitted)). In this case, it can
hardly be maintained that Congress could not have meant what it
said. Congress explicitly distinguished between “restored” and
“retained” in §921(a)(33)(B)(ii). It is more than “conceivable”
that the Legislature, albeit an earlier one, see
supra,
at 3, meant to do the same in §921(a)(20).
In sum, Congress framed §921(a)(20) to serve
two purposes. See Tr. of Oral Arg. 28–29. It sought to qualify
as ACCA predicate offenses violent crimes that a State classifies
as misdemeanors yet punishes by a substantial term of imprisonment,
i.e., more than two years. See §921(a)(20)(B). Congress
also sought to defer to a State’s dispensation relieving an
offender from disabling effects of a conviction. See
supra, at 3. Had Congress included a
retention-of-rights exemption, however, the very misdemeanors it
meant to cover would escape ACCA’s reach. See
supra,
at 10. Logan complains of an anomalous result. Yet the
solution he proposes would also produce anomalies. See
supra, at 9. Having no warrant to stray from
§921(a)(20)’s text, we hold that the words “civil rights restored”
do not cover the case of an offender who lost no civil rights.
* * *
For the reasons stated, the
judgment of the Court of Appeals for the Seventh Circuit is
Affirmed.
Footnote 1
The Firearms Owners’ Protection Act, 100
Stat. 449, included a “safety valve” provision under which persons
subject to federal firearms disabilities, including persons whose
civil rights have not been restored, may apply to the Attorney
General for relief from the disabilities. See 18 U. S. C.
§925(c) (2000 ed., Supp. V). The relief provision has been rendered
inoperative, however, for Congress has repeatedly barred the
Attorney General from using appropriated funds “to investigate or
act upon [relief] applications.”
United States v.
Bean,
537 U.
S. 71, 74–75 (2002) (internal quotation marks omitted). The bar
on funding was renewed every year from 1992 through 2006. See
id., at 75, n. 3 (1992 through 2002);
Consolidated Appropriations Resolution, 2003, 117 Stat. 433;
Consolidated Appropriations Act, 2004, 118 Stat. 53; Consolidated
Appropriations Act, 2005, 118 Stat. 2859; Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006, 119 Stat.
2290.
Footnote 2
Under Wisconsin law, misdemeanor battery is
ordinarily punishable by a maximum term of nine months. See Wis.
Stat. §940.19(1) (2005); §939.51(3). Logan was exposed to a
three-year maximum term for each offense, however, because he was
convicted as a “repeater” or “habitual” criminal. See
App. 16–17; Wis. Stat. §939.62 (1999–2000).
Postdating Logan’s battery convictions,
Wisconsin prospectively reduced the maximum term for “repeater”
misdemeanors to two years. See 2001 Wis. Act 109, §562 (Jan. 2002
special session) (amending Wis. Stat. §939.62). Misdemeanors
committed in Wisconsin after this reduction no longer qualify as
“violent felonies” under 18 U. S. C. §921(a)(20).
Logan has never argued that his Wisconsin
convictions should not count as ACCA predicates because they were
punishable by more than two years’ imprisonment solely because of
his status as a recidivist offender. We express no opinion on this
matter. Cf.
United States v.
Rodriguez, 464
F. 3d 1072 (CA9 2006), cert. granted, 551 U. S. ___
(2007).
Footnote 3
See,
e.g., Webster’s Third New
International Dictionary 1936 (1993) (defining “restore” to mean
“give back (as something lost or taken away)”); American Heritage
Dictionary 1486 (4th ed. 2000) (defining “restore” to mean “bring
back into existence or use; reestablish”); 13 Oxford English
Dictionary 755 (2d ed. 1989) (defining “restore” to mean “give
back, [or] make return or restitution of (anything previously taken
away or lost)”).
Footnote 4
Courts have divided on the question whether
§921(a)(20)’s “unless” clause is triggered whenever state law
provides for the continuation of firearm proscriptions, or only
when the State provides individual notice to the offender of the
firearms disabilities. Compare,
e.g.,
United
States v.
Cassidy, 899 F. 2d 543, 549 (CA6 1990)
(courts must look to “the whole of state law”), with
United
States v.
Gallaher, 275 F. 3d 784, 791, and n. 3
(CA9 2001) (individualized notice is required). We express no
opinion on this issue.
Footnote 5
See NACDL Lodging, App. 1 (compiling
state laws);
id., at 17–34 (indicating that
Connecticut, Florida, Iowa, Louisiana, Nebraska, and New Hampshire
revoke no misdemeanant’s civil rights, but provide for punishment
of certain crimes they classify as misdemeanors by prison terms
exceeding two years).
Footnote 6
But see
Iselin v.
United
States,
270 U.
S. 245, 251 (1926) (“enlargement of [a statute] by [a] court,
so that what was omitted, presumably by inadvertence, may be
included within its scope … transcends the judicial function”).
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