Almendarez-Torres v. United States, 523 U.S. 224, 6 (1998)

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Cite as: 523 U. S. 224 (1998)

Opinion of the Court

See, e. g., United States v. Wells, 519 U. S. 482, 490-492 (1997); Garrett v. United States, 471 U. S. 773, 779 (1985).

The directly relevant portions of the statute as it existed at the time of petitioner's conviction included subsection (a), which Congress had enacted in 1952, and subsection (b), which Congress added in 1988. See 8 U. S. C. § 1326 (1952 ed.), as enacted June 27, 1952, § 276, 66 Stat. 229; 8 U. S. C. § 1326 (1988 ed.) (reflecting amendments made by § 7345(a), 102 Stat. 4471). We print those portions of text below:

"§ 1326. Reentry of deported alien; criminal penalties for reentry of certain deported aliens.

"(a) Subject to subsection (b) of this section, any alien who—

"(1) has been . . . deported . . . , and thereafter "(2) enters . . . , or is at any time found in, the United States [without the Attorney General's consent or the legal equivalent], "shall be fined under title 18, or imprisoned not more than 2 years, or both.

"(b) Notwithstanding subsection (a) of this section, in the case of any alien described in such subsection—

"(1) whose deportation was subsequent to a conviction for commission of [certain misdemeanors], or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both; or

"(2) whose deportation was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both." 8 U. S. C. § 1326.

A

Although the statute's language forces a close reading of the text, as well as consideration of other interpretive circumstances, see Wells, supra, we believe that the answer

229

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