Johnson v. United States, 529 U.S. 694, 22 (2000)

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Cite as: 529 U. S. 694 (2000)

Scalia, J., dissenting

With these observations I join the opinion of the Court, save for its parenthetical discussion of § 3583(e)(2), ante, at 712, and its dictum regarding § 3583(a), ante, at 708.

Justice Thomas, concurring in the judgment.

I agree with the Court's textual analysis of 18 U. S. C. § 3583(e)(3) (1988 ed., Supp. V), and think that analysis sufficient to resolve this case. I agree with Justice Kennedy that the Court's discussions of § 3583(a), ante, at 707-708, and § 3583(e)(2), ante, at 712, are unnecessary to the result. I would not rely, as the Court (ante, at 708-710) and Justice Kennedy (ante this page (opinion concurring in part)) do, on any apparent congressional purpose supporting the Court's reading of § 3583(e)(3). With these observations, I concur in the judgment.

Justice Scalia, dissenting.

I agree with Parts I and II of the Court's opinion, and thus, like the Court, believe that the case ultimately turns on the meaning of 18 U. S. C. § 3583(e)(3) (1988 ed., Supp. V). I do not agree, however, with the Court's interpretation of that provision. The section provides that when the conditions of supervised release are violated, the court may "revoke a term of supervised release, and require the person to serve in prison all or part of the term of supervised release without credit for time previously served on postrelease supervision." Finding in this an authorization for imposition of additional supervised release is an act of willpower rather than of judgment.

The term "revoke" is not defined by the statute, and thus should be construed "in accordance with its ordinary or natural meaning." FDIC v. Meyer, 510 U. S. 471, 476 (1994). As the Court recognizes, the ordinary meaning of "revoke" is " 'to annul by recalling or taking back.' " Ante, at 704 (quoting Webster's Third New International Dictionary 1944 (1981)); see also American Heritage Dictionary 1545 (3d ed.

715

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