752
Opinion of the Court
of flexibility for upward and downward departures and adjustments, it does not license the Commission to select as the relevant "maximum term" a sentence that is different from the congressionally authorized maximum term. Finally, this Court is unmoved by respondents' heavy reliance on the Commission's inapposite assertions that Amendment 506 avoids unwarranted double counting of prior offenses and eliminates unwarranted disparity associated with variations in the exercise of prosecutorial discretion in seeking enhanced penalties. Pp. 757-762. 70 F. 3d 1396, reversed and remanded.
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, and Souter, JJ., joined. Breyer, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, post, p. 762.
Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Acting Solicitor General Dellinger, Acting Assistant Attorney General Keeney, Malcolm L. Stewart, and J. Douglas Wilson.
David N. Yellen argued the cause for respondents. With him on the brief were John A. Ciraldo, by appointment of the Court, 518 U. S. 1037, Peter Goldberger, by appointment of the Court, 518 U. S. 1037, and Michael C. Bourbeau, by appointment of the Court, 518 U. S. 1037.*
Justice Thomas delivered the opinion of the Court. In 28 U. S. C. § 994(h), Congress directed the United States Sentencing Commission (Commission) to "assure" that the Sentencing Guidelines specify a prison sentence "at or near the maximum term authorized for categories of" adult offenders who commit their third felony drug offense or violent crime. We are asked to decide whether, by "maximum term authorized," Congress meant (1) the maximum term available for the offense of conviction including any applicable
*David Duncan, Lisa B. Kemler, and David M. Zlotnick filed a brief for the National Association of Criminal Defense Lawyers et al. as amici curiae urging affirmance.
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