Cite as: 526 U. S. 227 (1999)
Opinion of the Court
Souter, J., delivered the opinion of the Court, in which Stevens, Scalia, Thomas, and Ginsburg, JJ., joined. Stevens, J., post, p. 252, and Scalia, J., post, p. 253, filed concurring opinions. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., and OTMConnor and Breyer, JJ., joined, post, p. 254.
Quin Denvir argued the cause for petitioner. With him on the briefs were Francine Zepeda and John P. Balazs.
Edward C. DuMont argued the cause for the United States. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Nina Goodman.*
Justice Souter delivered the opinion of the Court.
This case turns on whether the federal carjacking statute, 18 U. S. C. § 2119, as it was when petitioner was charged, defined three distinct offenses or a single crime with a choice of three maximum penalties, two of them dependent on sentencing factors exempt from the requirements of charge and jury verdict. We think the better reading is of three distinct offenses, particularly in light of the rule that any interpretive uncertainty should be resolved to avoid serious questions about the statute's constitutionality.
I
In December 1992, petitioner, Nathaniel Jones, and two others, Oliver and McMillan, held up two men, Mutanna and Mardaie. While Jones and McMillan went through the victims' pockets, Oliver stuck his gun in Mutanna's left ear, and later struck him on the head. Oliver and McMillan made their getaway in the Cadillac Jones had driven to the scene, while Jones forced Mardaie into Mutanna's Honda and drove off after them. After stopping to put Mardaie out, Jones
*David M. Porter and Edward M. Chikofsky filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging reversal.
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