232
Opinion of the Court
ject to" subsection (b)'s different penalties (where the alien is also a felon or aggravated felon). And (b)'s higher maximum penalties may apply to an offender who violates (a) "notwith-standing" the fact that (a) sets forth a lesser penalty for one who has committed the same substantive crime. Nor is it pointless to specify that (b)'s punishments, not (a)'s punishment, apply whenever an offender commits (a)'s offense in a manner set forth by (b).
Moreover, the circumstances of subsection (b)'s adoption support this reading of the statutory text. We have examined the language of the statute in 1988, when Congress added the provision here at issue. That original language does not help petitioner. In 1988, the statute read as follows (with the 1988 amendment underscored):
"§ 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 guilty of a felony, and upon conviction thereof, be punished by imprisonment of not more than two years, or by a fine of not more than $1,000, 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 a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 5 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 15 years, or both." 8 U. S. C. § 1326 (1988 ed.) (emphasis added).
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