Deal v. United States, 508 U.S. 129, 9 (1993)

Page:   Index   Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Cite as: 508 U. S. 129 (1993)

Stevens, J., dissenting

example, with life in prison rather than a term of years— whether or not conviction of the first murder (or completion of the sentence for the first murder) has yet occurred.

Finally, we need not tarry over petitioner's contention that the rule of lenity is called for because his 105-year sentence "is so glaringly unjust that the Court cannot but question whether Congress intended such an application of the phrase, 'in the case of his second or subsequent conviction.' " Brief for Petitioner 24. Even under the dissent's reading of § 924(c)(1), some criminals whose only offenses consist of six armed bank robberies would receive a total sentence of 105 years in prison. We see no reason why it is "glaringly unjust" that petitioner be treated similarly here, simply because he managed to evade detection, prosecution, and conviction for the first five offenses and was ultimately tried for all six in a single proceeding.

The judgment of the Court of Appeals is affirmed.

It is so ordered.

Justice Stevens, with whom Justice Blackmun and Justice O'Connor join, dissenting.

Congress sometimes uses slightly different language to convey the same message. Thus, Congress uses the terms "subsequent offense," "second or subsequent offense," and "second or subsequent conviction" in various sections of the Criminal Code, all to authorize enhanced sentences for repeat offenders.1 On some occasions, Congress meticulously defines the chosen term to identify those offenses committed after a prior conviction "has become final"; 2 more frequently,

1 See, e. g., 18 U. S. C. § 1302 ("subsequent offense" related to mailing of lottery tickets); § 1735 ("second or subsequent offense" related to sexually oriented advertising); § 844(h) ("second or subsequent conviction" for felonious use of explosives).

2 See, e. g., 21 U. S. C. § 859(b) (1988 ed., Supp. III) (distribution of drugs to minors); 21 U. S. C. § 860(b) (1988 ed., Supp. III) (distribution of drugs near schools); 21 U. S. C. § 962(b) (importation of controlled substances).

137

Page:   Index   Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: October 4, 2007