NOTICE: This opinion is subject to
formal revision before publication in the United States Reports.
Readers are requested to notify the Reporter of Decisions, Supreme
Court of the United States, Washington, D. C. 20543,
pio@supremecourt.gov, of any typographical or other formal
errors.
SUPREME COURT OF THE UNITED STATES
_________________
No. 22–49
_________________
EFRAIN LORA, PETITIONER
v. UNITED
STATES
on writ of certiorari to the united states
court of appeals for the second circuit
[June 16, 2023]
Justice Jackson delivered the opinion of the
Court.
When a federal court imposes multiple prison
sentences, it can typically choose whether to run the sentences
concurrently or consecutively. See 18 U. S. C. §3584. An
exception exists in subsection (c) of §924, which provides that “no
term of imprisonment imposed on a person under this subsection
shall run concurrently with any other term of imprisonment.”
§924(c)(1)(D)(ii).
In this case, we consider whether §924(c)’s bar
on concurrent sentences extends to a sentence imposed under a
different subsection: §924(j). We hold that it does not. A sentence
for a §924(j) conviction therefore can run either concurrently with
or consecutively to another sentence.
I
In 2002, members of a drug-dealing group from
the Bronx assassinated a rival drug dealer. The Government accused
petitioner Efrain Lora of being one of the group’s leaders and
acting as a scout during the fatal shooting. After a jury trial,
Lora was convicted of aiding and abetting a violation of
§924(j)(1), which penalizes “[a] person who, in the course of a
violation of subsection (c), causes the death of a person through
the use of a firearm,” where “the killing is a murder.” See also
§2(a) (an aider and abettor is punishable “as a principal”). Lora
was also convicted of conspiring to distribute drugs, in violation
of 21 U. S. C. §§841 and 846.
At sentencing, the District Court rejected two
of Lora’s arguments about his §924(j) conviction. Most pertinent
here, Lora argued that the District Court had discretion to run the
§924(j) sentence concurrently with the drug-
distribution-conspiracy sentence. The District Court held it lacked
such discretion. Applying Circuit precedent, it held that
§924(c)(1)(D)(ii)’s bar on concurrent sentences governs §924(j)
sentences, such that Lora’s two sentences had to run consecutively.
See
United States v.
Barrett, 937 F.3d 126, 129, n. 2
(CA2 2019). Lora also argued that a §924(j) conviction is not
subject to the mandatory minimum sentences specified in §924(c).
Disagreeing once again, the District Court applied the five-year
mandatory minimum under §924(c)(1)(A) to Lora’s sentencing
calculation.
The District Court ultimately sentenced Lora to
30 years of imprisonment: 25 years on the drug-distribution-
conspiracy count and—consecutively—five years on the §924(j) count.
Lora also received five years of supervised release.
The Court of Appeals affirmed, adhering to its
precedent barring §924(j) sentences from running concurrently with
other sentences. That decision reinforced a conflict among the
Courts of Appeals over whether §924(c)(1)(D)(ii)’s
concurrent-sentence bar governs §924(j) sentences.[
1] We granted certiorari to resolve the
conflict. 598 U. S. ___ (2022).
II
A
This case concerns federal laws that
criminalize the use, carrying, and possession of firearms in
connection with certain crimes. The relevant parts of that scheme
are spread across two subsections of 18 U. S. C.
§924.
Subsection (c) lays out a set of offenses and
their corresponding penalties. It begins by making it a crime
either to “us[e] or carr[y] a firearm” “during and in relation to
any crime of violence or drug trafficking crime,” or to “posses[s]
a firearm” “in furtherance of any such crime.” §924(c)(1)(A). The
provision then prescribes “a term of imprisonment” for that
offense: a minimum of five years. §924(c)(1)(A)(i).
Other (more serious) offense elements and
“term[s] of imprisonment” follow within subsection (c). If the
firearm is “brandished,” the “term of imprisonment” jumps to a
minimum of seven years. §924(c)(1)(A)(ii). If the firearm is
“discharged,” the minimum becomes 10 years; if the firearm is a
“machinegun,” 30 years; and so on. §§924(c)(1)(A)–(C), (c)(5).
Subsection (c) also provides 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.” §924(c)(1)(D)(ii). In other words, the sentence must run
consecutively, not concurrently, in relation to other sentences.
This concurrent-sentence bar (or consecutive-sentence mandate) is
at issue in this case.
Subsection (j) was added decades after
subsection (c) and its consecutive-sentence mandate.[
2] Subsection (j) likewise lays out offense
elements and corresponding penalties. It provides:
“A person who, in the course of a violation of
subsection (c), causes the death of a person through the use of a
firearm, shall—
“(1) if the killing is a murder (as defined in
section 1111), be punished by death or by imprisonment for any term
of years or for life; and
“(2) if the killing is manslaughter (as defined
in section 1112), be punished as provided in that section.”
§924(j).
Subsection (j) contains no consecutive-sentence
mandate.
B
Here, Lora was convicted of a subsection (j)
offense. The parties dispute whether the sentence for that offense
can run concurrently with another sentence, or whether it is
subject to subsection (c)’s consecutive-sentence mandate. We hold
the former.
Subsection (c)’s consecutive-sentence
requirement applies to a “term of imprisonment imposed on a person
under this subsection”—
i.e., subsection (c).
§924(c)(1)(D)(ii) (emphasis added). By those plain terms, Congress
applied the consecutive-sentence mandate only to terms of
imprisonment imposed under
that subsection. And Congress put
subsection (j) in a
different subsection of the statute.
Drilling into the details confirms that
straightforward reasoning. To begin, subsection (c) sets forth a
host of offenses and the corresponding “term[s] of imprisonment” to
be imposed. §§924(c)(1), (5);
supra, at 3. Those are the
“term[s] of imprisonment imposed . . . under this
subsection” that the consecutive-sentence mandate references.
§924(c)(1)(D)(ii). That is, by echoing the phrase “term of
imprisonment” and referring inwards to “this subsection,”
§924(c)(1)(D)(ii) points to the terms of imprisonment prescribed
within subsection (c).
A sentence imposed under subsection (j) does not
qualify. To state the obvious again, subsection (j) is not located
within subsection (c). Nor does subsection (j) call for imposing
any sentence from subsection (c). Instead, subsection (j) provides
its own set of penalties. See §§924(j)(1)–(2).
To be sure, subsection (j)
references
subsection (c). But it does so only with respect to offense
elements, not penalties. Subsection (j)’s offense elements include
causing death “in the course of a violation of subsection (c).”
§924(j). And to define that phrase, one must consult subsection
(c)’s offense elements (
i.e., what it takes to violate that
subsection). But that is where subsection (c)’s role in subsection
(j) stops. One need not consult subsection (c)’s sentences in order
to sentence a subsection (j) defendant.
Thus, a defendant who is sentenced under
subsection (j) does not receive a “term of imprisonment imposed
. . . under [subsection (c)].” Consequently,
§924(c)(1)(D)(ii)’s consecutive-sentence mandate does not
apply.
III
A
The Government tries to deflect this
conclusion by blending subsections (c) and (j) together. It claims
that “Congress incorporated Section 924(c)
as a whole into
Section 924(j).” Brief for United States 15. Under that view, a
subsection (j) defendant faces subsection (j)’s penalties
plus subsection (c)’s penalties—including subsection (c)’s
mandatory minimum sentences and its consecutive-sentence
mandate.
The actual statute bears no resemblance to the
Government’s vision. Subsection (j) nowhere mentions—let alone
incorporates—subsection (c)’s penalties. Instead, as just
explained, subsection (j)’s only reference to subsection (c) is
limited to offense elements.
Supra this page.
Moreover, a sentencing court cannot follow both
subsection (c) and subsection (j) as written. Combining the two
subsections would set them on a collision course; indeed, in some
cases, the maximum sentence would be lower than the minimum
sentence. Take voluntary manslaughter using a machinegun in the
course of a subsection (c)(1) violation, for example. Subsection
(c), because of the machinegun, would command that “the person
shall be sentenced to a term of imprisonment of not less than 30
years.” §924(c)(1)(B)(ii). Subsection (j), because of the voluntary
manslaughter, would command that, per §1112, the person “shall be
. . . imprisoned not more than 15 years.” §§924(j)(2),
1112(b). To fashion a sentence “not less than 30 years” and “not
more than 15 years”—that is, to obey both subsections (c) and
(j)—is impossible. And Congress has not required that unachievable
result. Instead, subsection (j) supplies its own comprehensive set
of penalties that apply instead of subsection (c)’s.
To avert potential conflict between subsections
(c) and (j), the Government tries to knit the two provisions
together in a very particular way. In the Government’s view, a
court sentencing a subsection (j) defendant should jump to
subsection (c), apply the penalties listed there, then jump back to
subsection (j) and add the penalties listed there, then jump back
to subsection (c) and impose the consecutive- sentence mandate
listed in that subsection. But nothing in subsection (j) calls for
such calisthenics.
To assuage
that concern, the Government
maintains that Congress has done this elsewhere; it says that
another provision, §924(c)(5), operates this way. Tr. of Oral Arg.
27, 31. Even if §924(c)(5) does work in that fashion—which we do
not decide—the Government’s argument only underscores that
subsection (j) does not.
Under §924(c)(5), a person who,
inter
alia, uses armor piercing ammunition during and in relation to
a crime of violence or drug trafficking crime:
“shall . . .
“(A) be sentenced to a term of imprisonment of
not less than 15 years;
and
“(B) if death results from the use of such
ammunition—
“(i) if the killing is murder (as defined in
section 1111), be punished by death or sentenced to a term of
imprisonment for any term of years or for life; and
“(ii) if the killing is manslaughter (as defined
in section 1112), be punished as provided in section 1112.”
(Emphasis added.)
According to the Government, §924(c)(5) adds two
penalties together when death results: Someone convicted of murder
resulting from the use of such ammunition faces a 15-year mandatory
minimum sentence under §924(c)(5)(A)
plus an additional
sentence for murder under §924(c)(5)(B)(i). Tr. of Oral Arg. 27,
31.
But subsection (j) is cast from a different
mold. Section 924(c)(5) groups the two penalties together and joins
them with the word “and.” In contrast, several unrelated
subsections separate subsections (c) and (j) structurally, and
nothing joins their penalties textually. So even if those features
of §924(c)(5) make it operate as the Government contends, those
aspects of §924(c)(5) are missing from subsection (j).
In the Government’s own telling, then,
§924(c)(5) shows how Congress could have constructed penalties that
might ultimately add together. Yet Congress did not implement that
design in subsection (j).
Equally unavailing is the Government’s
invocation of double jeopardy principles. According to the
Government’s brief, “Section 924(j) amounts to the ‘same offense’
as Section 924(c) for purposes of the Double Jeopardy Clause,” so
“a defendant may be punished for
either a Section 924(c)
offense
or a Section 924(j) offense,
but not both.”
Brief for United States 22–26 (emphasis added; alterations and some
internal quotation marks omitted). The Government argues that this
conception of double jeopardy confirms subsection (j) incorporates
all of subsection (c).
Ibid.
We express no position on the Government’s view
of double jeopardy, because even assuming it,
arguendo, the
Government’s view does not refute our holding on the question
presented. The Government says someone cannot receive both
subsection (c) and subsection (j) sentences for the same conduct.
But that aligns with our conclusion here: If a defendant receives a
sentence under subsection (j), he does
not receive a
sentence “imposed . . . under [subsection (c)]” that
would trigger the consecutive-sentence mandate. §924(c)(1)(D)(ii).
Accordingly, the Government’s view of double jeopardy can easily be
squared with our view that subsection (j) neither incorporates
subsection (c)’s penalties nor triggers the consecutive-sentence
mandate.
B
The Government protests that it is
“implausible” that Congress imposed the harsh consecutive-sentence
mandate under subsection (c) but not subsection (j), which covers
more serious offense conduct. Brief for United States 9, 28–35. Yet
that result is consistent with other design features of the
statute.
Congress plainly chose a different approach to
punishment in subsection (j) than in subsection (c). Subsection
(c), first enacted in 1968, is full of
mandatory penalties.
It contains mandatory minimum years of imprisonment and mandatory
consecutive sentences. In fact, when subsection (j) was enacted in
1994, subsection (c) specified not just mandatory minimums, but
exact mandatory terms of imprisonment. 18 U. S. C.
§924(c)(1) (1994 ed.) (
e.g., exactly five years of
imprisonment for the base subsection (c) offense).
Subsection (j), by contrast, generally eschews
mandatory penalties in favor of sentencing flexibility. Unlike
subsection (c), subsection (j) contains no mandatory minimums. Even
for murder, subsection (j) expressly permits a sentence of
“
any term of years.” §924(j)(1) (emphasis added). This
follows the same pattern as several other provisions enacted
alongside subsection (j) in the Federal Death Penalty Act of 1994,
108 Stat. 1959. In those provisions, as in §924(j)(1), Congress
authorized the death penalty, but also a flexible range of lesser
sentences for “any term of years,” with no mandatory minimum or
consecutive-sentence mandate.[
3] In the same law, Congress also enacted a provision
allowing judges to go below the otherwise-mandatory minimum
sentence in certain cases.[
4]
Given those choices to favor sentencing flexibility over mandatory
penalties, it is not “implausible,” as the Government asserts, that
subsection (j) permits flexibility to choose between concurrent and
consecutive sentences.
Nor is that flexibility incompatible with the
seriousness of subsection (j) offenses. Subsection (j) merely
reflects the seriousness of the offense using a different approach
than subsection (c)’s mandatory penalties. For murder, subsection
(j) authorizes the harshest maximum penalty possible: death.
§924(j)(1). And for manslaughter, subsection (j) imposes the same
harsh punishment that the Federal Criminal Code prescribes for
other manslaughters. See §924(j)(2) (aligning penalties with
§1112).[
5]
Congress could certainly have designed the
penalty scheme at issue here differently. It could have mandated
harsher punishment under subsection (j) than under subsection (c).
It could have added a consecutive-sentence mandate to subsection
(j). It could have written subsection (c)’s consecutive-sentence
mandate more broadly. It could have placed subsection (j) within
subsection (c).[
6]
But Congress did not do any of these things. And
we must implement the design Congress chose.
* * *
Because the consecutive-sentence mandate in
§924(c)(1)(D)(ii) does not govern §924(j) sentences, the District
Court had discretion to impose Lora’s §924(j) sentence concurrently
with another sentence. We vacate the judgment of the Court of
Appeals and remand the case for further proceedings consistent with
this opinion.
It is so ordered.
Comments
Be the first to comment
Leave a Comment