Deal v. United States, 508 U.S. 129, 2 (1993)

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130

DEAL v. UNITED STATES

Opinion of the Court

of Deal's sentence (105 years) is "glaringly unjust." Under any conceivable reading of § 924(c)(1), some criminals convicted of six armed bank robberies would receive a sentence of that length. It is not "glaringly unjust" to refuse to give Deal a lesser sentence merely because he escaped apprehension and conviction until the sixth crime had been committed. Pp. 131-137.

954 F. 2d 262, affirmed.

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Blackmun and O'Connor, JJ., joined, post, p. 137.

Dola J. Young argued the cause for petitioner. With her on the briefs were Roland E. Dahlin II and H. Michael Sokolow.

Miguel A. Estrada argued the cause for the United States. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and Robert J. Erickson.

Justice Scalia delivered the opinion of the Court.

Between January and April 1990, petitioner committed six bank robberies on six different dates in the Houston, Texas, area. In each robbery, he used a gun. Petitioner was convicted of six counts of bank robbery, 18 U. S. C. §§ 2113(a) and (d), six counts of carrying and using a firearm during and in relation to a crime of violence, § 924(c), and one count of being a felon in possession of firearms, § 922(g). Title 18 U. S. C. § 924(c)(1) (1988 ed., Supp. III) provides:

"Whoever, during and in relation to any crime of violence . . . uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence . . . , be sentenced to imprisonment for five years . . . . In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for twenty years . . . ."

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