OPINION OF THE COURT
MCNEILL V. UNITED STATES
563 U. S. ____ (2011)
SUPREME COURT OF THE UNITED STATES
NO. 10-5258
CLIFTON TERELLE McNEILL, PETITIONER
v.
UNITED STATES
on writ of certiorari to the united states court of
appeals for the fourth circuit
[June 6, 2011]
Justice Thomas delivered the
opinion of the Court.
Under the Armed Career Criminal
Act (ACCA), a prior state drug-trafficking conviction is for a
“serious drug of-fense” if “a maximum term of imprisonment of ten
years or more is prescribed by law” for the offense. 18 U.
S. C. §924(e)(2)(A)(ii). The question in this case concerns
how a federal court should determine the maximum sentence for a
prior state drug offense for ACCA purposes. We hold that the
“maximum term of imprisonment” for a defendant’s prior state drug
offense is the maximum sentence applicable to his offense when he
was convicted of it.
I
After an extended chase, police
officers in Fayetteville, North Carolina apprehended petitioner
Clifton Terelle McNeill. McNeill was caught with 3.1 grams of crack
cocaine packaged for distribution and a .38-caliber revolver. In
August 2008, he pleaded guilty to unlawful possession of a firearm
by a felon, 18 U. S. C. §922(g)(1), and possession with intent
to distribute cocaine base, 21 U. S. C. §841(a)(1).
At sentencing, the District Court
determined that McNeill qualified for ACCA’s sentencing
enhancement. Under ACCA, a person who violates 18 U. S. C.
§922(g) and “has three previous convictions … for a violent felony
or a serious drug offense” is subject to a 15-year minimum prison
sentence. §924(e)(1). McNeill conceded that two of his prior
convictions—assault with a deadly weapon and robbery—were for
“violent felonies.”
McNeill argued, however, that none of his six
state drug trafficking convictions were for “serious drug offenses”
be-cause those crimes no longer carried a “maximum term of
imprisonment of ten years or more.” §924(e)(2)(A)(ii). When McNeill
committed those crimes between 1991 and 1994, each carried a
10-year maximum sentence, and McNeill in fact received 10-year
sentences. See N. C. Gen. Stat. §§14–1.1(a)(8), 90–95(a)(1)
and (b)(1) (Michie 1993) (sale of cocaine and possession with
intent to sell cocaine). But as of October 1, 1994, North Carolina
reduced the maximum sentence for selling cocaine to 38 months and
the maximum sentence for possessing cocaine with intent to sell to
30 months. See N. C. Gen. Stat. Ann. §§15A–1340.17(c) and (d),
90–95(a)(1) and (b)(1) (Lexis 2009).
The District Court rejected McNeill’s request
that it look to current state law and instead relied on the 10-year
maximum sentence that applied to McNeill’s drug offenses at the
time he committed them. No. 5:08–CR–2–D–1 (EDNC, Jan. 26, 2009),
App. 118. Finding that McNeill therefore had three prior
convictions for violent felonies or serious drug offenses, the
court applied ACCA’s sentencing enhancement. The court then
departed upward from the advisory Sentencing Guidelines range and
sentenced McNeill to 300 months in prison in light of his “long and
unrelenting history of serious criminal conduct” and “near certain
likelihood of recidivism.”
Id., at 119, 121.
The Court of Appeals for the Fourth Circuit
affirmed. Although the court consulted the maximum sentence under
current state law, it reached the same conclusion as the
District Court because North Carolina’s revised sentencing scheme
does not apply to crimes committed before October 1, 1994. 598
F. 3d 161, 165 (2010) (agreeing with
United States v.
Hinojosa, 349 F. 3d 200 (CA5 2003), and disagreeing
with
United States v.
Darden, 539 F. 3d 116
(CA2 2008)). Thus, even if McNeill were convicted today for his
1991, 1992, and September 1994 drug offenses, he would still be
subject to the old 10-year statutory maximum. 598 F. 3d, at
165 (citing N. C. Gen. Stat. §15A–1340.10 and
State
v.
Branch, 134 N. C. App. 637, 639–640, 518 S. E. 2d 213,
215 (1999)). We granted certiorari, 562 U. S. ___ (2011), and now
affirm, albeit for a different reason.
II
A
As in all statutory construction
cases, we begin with “the language itself [and] the specific
context in which that language is used.”
Robinson v.
Shell Oil Co.,
519 U. S. 337, 341
(1997). ACCA’s sentencing enhancement applies to individuals who
have “three previous convictions … for a violent felony or a
serious drug offense.” §924(e)(1). As relevant here, the statute
defines a “serious drug offense” as “an offense under State law,
involving manufacturing, distributing, or possessing with intent to
manufacture or distribute, a controlled substance … , for which a
maximum term of imprisonment of ten years or more is prescribed by
law.” §924(e)(2)(A)(ii).
The plain text of ACCA requires a
federal sentencing court to consult the maximum sentence applicable
to a defendant’s previous drug offense at the time of his
conviction for that offense. The statute requires the court to
determine whether a “previous conviction” was for a serious drug
offense. The only way to answer this backward-looking question is
to consult the law that applied at the time of that conviction. We
did precisely that in
United States v.
Rodriquez,
553 U. S. 377
(2008), where we addressed whether the “maximum term of
imprisonment” in-cludes recidivism enhancements. In assessing the
“max-imum term of imprisonment” for Rodriguez’s state drug
offenses, we consulted the version of state law “that [he] was
convicted of violating,” that is, the 1994 statutes and penalties
that applied to his offenses at the time of his state convictions.
Id., at 380–381.
Use of the present tense in the definition of
“serious drug offense” does not suggest otherwise. McNeill argues
that the present-tense verb in the phrase “is prescribed by law”
requires federal courts to determine the maximum sentence for a
potential predicate offense by looking to the state law in effect
at the time of the federal sentencing, as if the state offense were
committed on the day of federal sentencing. That argument overlooks
the fact that ACCA is concerned with convictions that have already
occurred. Whether the prior conviction was for an offense
“involving manufacturing, distributing, or possessing with intent
to manufacture or distribute, a controlled substance” can only be
answered by reference to the law under which the defendant was
convicted. Likewise, the maximum sentence that “is prescribed by
law” for that offense must also be determined according to the law
applicable at that time.
McNeill’s interpretation contorts the plain
meaning of the statute. Although North Carolina courts actually
sentenced him to 10 years in prison for his drug offenses, McNeill
now contends that the “maximum term of imprisonment” for those
offenses is 30 or 38 months. We find it “hard to accept the
proposition that a defendant may lawfully [have] be[en] sentenced
to a term of imprisonment that exceeds the ‘maximum term of
imprisonment … prescribed by law.’ ”
Id., at 383.
B
The “broader context of the
statute as a whole,” specifically the adjacent definition of
“violent felony,” confirms this interpretation.
Robinson,
supra, at 341. ACCA defines “violent felony” in part as a
crime that “
has as an element the use, attempted use, or
threatened use of physical force against the person of another” or
“
is burglary, arson, or extortion,
involves the
use of explosives, or otherwise
involves conduct that
presents a serious potential risk of physical injury to another.”
§924(e)(2)(B) (emphasis added).
Despite Congress’ use of present
tense in that definition, when determining whether a defendant was
convicted of a “violent felony,” we have turned to the version of
state law that the defendant was actually convicted of violating.
In
Taylor v.
United States,
495 U. S. 575 (1990),
the Court held that whether Taylor’s 1963 and 1971 convictions were
for a crime that
“is burglary” depended on the “former
Missouri statutes defining second-degree burglary” that “were the
bases for Taylor’s prior convictions.”
Id., at 602; see
id., at 578, n. 1 (noting a subsequent change in
state law, but relying on the burglary statutes in force “[i]n
those years” in which Taylor was convicted). Similarly, in
James v.
United States,
550 U. S. 192 (2007),
this Court looked to the versions of Florida’s burglary and
criminal attempt statutes that were in effect “at the time of
James’ [1993 state] conviction.”
Id., at 197; see
ibid. (quoting the 1993 versions of the Florida statutes).
The present-tense verbs in the definition of “violent felony” did
not persuade us to look anywhere other than the law under which the
defendants were actually convicted to determine the elements of
their offenses.
Having repeatedly looked to the historical
statute of conviction in the context of violent felonies, we see no
reason to interpret “serious drug offenses” in the adjacent section
of the same statute any differently. In both definitions, Congress
used the present tense to refer to past convictions. Cf.
Nijhawan v.
Holder, 557 U. S. ___, ___ (2009)
(slip op., at 8) (“Where, as here, Congress uses similar statutory
language … in two adjoining provisions, it normally intends similar
interpretations”).
C
This natural reading of ACCA also
avoids the absurd results that would follow from consulting current
state law to define a previous offense. See
United States
v.
Wilson,
503 U. S. 329, 334
(1992) (“[A]bsurd results are to be avoided”).
For example, McNeill concedes
that under his approach, a prior conviction could “disappear”
entirely for ACCA purposes if a State reformulated the offense
between the defendant’s state conviction and federal sentencing.
Tr. of Oral Arg. 12–13. The Sixth Circuit confronted a similar
scenario in
Mallett v.
United States, 334
F. 3d 491 (2003), where Ohio had substantially changed how
drug quantities were measured since Mallett’s state drug
conviction.
Id., at 502 (addressing this issue in the
context of the career offender provision of the Sentencing
Guidelines). The Sixth Circuit could not “determine how Mallett
would now be sentenced under Ohio’s revised drug laws” because the
offense for which he had been convicted “no longer exist[ed] and no
conversion between the former and amended statutes [wa]s facially
apparent.”
Ibid. The court therefore was compelled to look
to state law “as of the time of the state-court conviction” to
determine the maximum possible sentence for Mallet’s prior offense.
Id., at 503.
It cannot be correct that subsequent changes
in state law can erase an earlier conviction for ACCA purposes. A
defendant’s history of criminal activity—and the culpability and
dangerousness that such history demonstrates—does not cease to
exist when a State reformulates its criminal statutes in a way that
prevents precise translation of the old conviction into the new
statutes. Congress based ACCA’s sentencing enhancement on prior
convictions and could not have expected courts to treat those
convictions as if they had simply disappeared. To the contrary,
Congress has expressly directed that a prior violent felony
conviction remains a “conviction” unless it has been “expunged, or
set aside or [the] person has been pardoned or has had civil rights
restored.” 18 U. S. C. §921(a)(20); see also
Custis
v.
United States,
511 U. S. 485, 491
(1994) (explaining that §921(a)(20) “creates a clear negative
implication that courts
may count a conviction that has
not been set aside”).
In addition, McNeill’s interpretation would
make ACCA’s applicability depend on the timing of the federal
sentencing proceeding. McNeill cannot explain why two defendants
who violated §922(g) on the same day and who had identical criminal
histories—down to the dates on which they committed and were
sentenced for their prior offenses—should receive dramatically
different federal sentences solely because one’s §922(g) sentencing
happened to occur after the state legislature amended the
punishment for one of the shared prior offenses. In contrast, the
interpretation we adopt permits a defendant to know even before he
violates §922(g) whether ACCA would apply.
III
Applying our holding to this
case, we conclude that the District Court properly applied ACCA’s
sentencing enhancement to McNeill. In light of his two admitted
violent felony convictions, McNeill needed only one conviction for
a “serious drug offense” to trigger ACCA, but we note that all six
of his prior drug convictions qualify.
In November 1992, McNeill pleaded
guilty and was sentenced in a North Carolina court for five
offenses: selling cocaine on four separate occasions in October
1991 and possessing cocaine with intent to sell on one occasion in
February 1992. At the time of McNeill’s November 1992 conviction
and sentencing, North Carolina law dictated that the maximum
sentence for selling cocaine in 1991 and the maximum sentence for
possessing cocaine with intent to sell in 1992 was 10 years in
prison. See N. C. Gen. Stat. §§14–1.1(a)(8), 90–95(a)(1) and
(b)(1) (Michie 1991). McNeill’s 1992 convictions were therefore for
“serious drug offenses” within the meaning of ACCA.
McNeill’s sixth drug offense was possessing
cocaine with intent to sell in September 1994. He pleaded guilty
and was sentenced in a North Carolina court in April 1995. By April
1995, North Carolina had changed the sentence applicable to that
type of drug offense but still provided that the maximum sentence
for possessing cocaine with intent to sell in September 1994 was 10
years in prison. See 1993 N. C. Sess. Laws, ch. 538, §2
(repealing N. C. Gen Stat. §14–1.1); 1993 N. C. Sess.
Laws, ch. 538, §56 (as modified by Extra Session 1994 N. C.
Sess. Laws, ch. 24, §14(b)) (“This act becomes effective October 1,
1994, and applies only to offenses occurring on or after that date.
Prosecutions for, or sentences based on, offenses occurring before
the effective date of this act [are controlled by] the statutes
that would be applicable to those prosecutions or sentences but for
the provisions of this act”). Therefore, McNeill’s 1995 conviction
was also for a “serious drug offense.”
* * *
We conclude that a federal
sentencing court must determine whether “an offense under State
law” is a “serious drug offense” by consulting the “maximum term of
imprisonment” applicable to a defendant’s previous drug offense at
the time of the defendant’s state conviction for that offense.
§924(e)(2)(A)(ii). The judgment of the United States Court of
Appeals for the Fourth Circuit is affirmed.
It is so ordered.
As the Government notes, this case does not
concern a situation in which a State subsequently lowers the
maximum penalty applicable to an offense and makes that reduction
available to defendants previously convicted and sentenced for that
offense. Brief for United States 18, n. 5; cf. 18 U.
S. C. §3582(c)(2). We do not address whether or under what
circumstances a federal court could consider the effect of that
state action.
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