United States v. R. L. C., 503 U.S. 291, 10 (1992)

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300

UNITED STATES v. R. L. C.

Opinion of Souter, J.

R. L. C. argues that this loss is highly significant. Section 3581(b) 3 was, and still is, part of a classification system adopted in 1984 for use in setting the incidents of punishment for federal offenses by reference to letter grades reflecting their relative seriousness. One provision, for example, sets the maximum period of supervised release for each letter grade. § 3583. Section 3581(b) sets out the maximum term of imprisonment for each letter grade, providing, for instance, that the authorized term of imprisonment for a class C felony is not more than 12 years, for a class D not more than 6, and for a class E not more than 3.

The deletion of the reference to § 3581(b) with its specific catalog of statutory maximums would seem to go against the Government's position. Since, for example, a juvenile who had committed what would have been an adult class E felony would apparently have been subject to three years of detention, because § 3581(b) "authorized" up to three years of imprisonment for an adult, the deletion of the reference to § 3581(b) would appear to indicate some congressional intent to broaden the range of enquiry when determining what was authorized.4

The Government, however, finds a different purpose, disclosed in the section-by-section analysis prepared by the De-3 "(b) Authorized terms.—The authorized terms of imprisonment are—

"(1) for a Class A felony, the duration of the defendant's life or any period of time;

"(2) for a Class B felony, not more than twenty-five years; "(3) for a Class C felony, not more than twelve years; "(4) for a Class D felony, not more than six years; "(5) for a Class E felony, not more than three years; "(6) for a Class A misdemeanor, not more than one year; "(7) for a Class B misdemeanor, not more than six months; "(8) for a Class C misdemeanor, not more than thirty days; and "(9) for an infraction, not more than five days." 18 U. S. C. § 3581.

4 We speak here of an indication appearing solely from the face of the text. In fact, so far as we can tell, at the time of the amendment no federal statute defining an offense referred to it by letter grade.

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