Cite as: 526 U. S. 227 (1999)
Kennedy, J., dissenting
Commission, Guidelines Manual § 2B3.1(b)(3) (Nov. 1998) (robbery guideline; "[i]f any victim sustained bodily injury").
These drafting conventions are not absolute rules. Congress uses active language in phrasing sentencing factors in some instances. See, e. g., 18 U. S. C. § 2262(b)(3) (1994 ed., Supp. III) ("if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense"). Nevertheless, the more customary drafting conventions support, rather than contradict, the interpretation that § 2119 sets forth but one offense.
The Court offers specific arguments regarding these background considerations, each deserving of consideration and response.
First, as its principal argument, the Court cites the three federal robbery statutes on which (according to the legislative history) § 2119 was modeled. As the Court acknowledges, however, one of those statutes, 18 U. S. C. § 2111, does not refer to "serious bodily injury" or "death" "result[ing]" at all. Because of the omission, the Court deems this statute irrelevant for our purposes. Yet the Committee Report cited by the Court states that " '[t]he definition of the offense' " in § 2119 " 'tracks the language used in other federal robbery statutes' " including § 2111. Ante, at 235, n. 4 (quoting H. R. Rep. No. 102-851, pt. 1, p. 17 (1992)). The definition of the offense in § 2119 includes "tak[ing]" or "attempt[ing]" to take a motor vehicle, "from the person or presence of another," "by force and violence or by intimidation." This is altogether consistent with the definition of the offense in § 2111, which provides in part that "[w]hoever . . . by force and violence, or by intimidation, takes or attempts to take from the person or presence of another" something of value "shall be imprisoned." Of course §§ 2111 and 2119 each include at least one element the other does not (e. g., "within the special maritime and territorial jurisdiction of the United States" in the former, "transported, shipped, or received in interstate or foreign commerce" in the latter). Those ele-
259
Page: Index Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NextLast modified: October 4, 2007