United States v. Granderson, 511 U.S. 39, 6 (1994)

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44

UNITED STATES v. GRANDERSON

Opinion of the Court

tence that could have been imposed either for the underlying crime of destroying mail (six months) or for the crime of cocaine possession (one year). Id., at 983, and n. 2. The Court of Appeals called it "legal alchemy" to convert an "original sentence" of " 'conditional liberty,' " with a correspondingly long term, into a sentence of imprisonment with a time span geared to the lesser restraint. Id., at 984, quoting United States v. Gordon, 961 F. 2d 426, 432 (CA3 1992). Invoking the rule of lenity, 969 F. 2d, at 983, the court concluded that the phrase "original sentence" referred to "the [0-6 month] sentence of incarceration faced by Granderson under the Guidelines," not to the 60-month sentence of probation, id., at 984. Because Granderson had served 11 months of his revocation sentence—more than the 6-month maximum—the Court of Appeals ordered him released from custody. Id., at 985.

II

The text of § 3565(a) reads:

"If the defendant violates a condition of probation at any time prior to the expiration or termination of the term of probation, the court may . . .

"(1) continue him on probation, with or without extending the term or modifying [or] enlarging the conditions; or

"(2) revoke the sentence of probation and impose any other sentence that was available . . . at the time of the initial sentencing. "Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance . . . the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence." (Emphasis added.)

The Government argues that the italicized proviso is unambiguous. The "original sentence" that establishes the

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