Carter v. United States, 530 U.S. 255, 19 (2000)

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Cite as: 530 U. S. 255 (2000)

Opinion of the Court

ment does not affect the Schmuck elements analysis because it is a sentencing factor, not an element. We disagree. The structure of subsection (b) strongly suggests that its two paragraphs—the first of which requires that the property taken have "value exceeding $1,000," the second of which refers to property of "value not exceeding $1,000"—describe distinct offenses. Each begins with the word "[w]hoever," proceeds to describe identically (apart from the differing valuation requirements) the elements of the offense, and concludes by stating the prescribed punishment. That these provisions "stand on their own grammatical feet" strongly suggests that Congress intended the valuation requirement to be an element of each paragraph's offense, rather than a sentencing factor of some base § 2113(b) offense. Jones v. United States, 526 U. S. 227, 234 (1999). Even aside from the statute's structure, the "steeply higher penalties"—an enhancement from a 1-year to a 10-year maximum penalty on proof of valuation exceeding $1,000—leads us to conclude that the valuation requirement is an element of the first paragraph of subsection (b). See Castillo v. United States, ante, at 127; Jones, 526 U. S., at 233. Finally, the constitutional questions that would be raised by interpreting the valuation requirement to be a sentencing factor persuade us to adopt the view that the valuation requirement is an element. See id., at 239-252.

The dissent agrees that the valuation requirement of subsection (b)'s first paragraph is an element, but nonetheless would hold that subsection (b) is a lesser included offense of subsection (a). Post, at 287-289. The dissent reasons that the "value not exceeding $1,000" component of § 2113(b)'s second paragraph is not an element of the offense described in that paragraph. Hence, the matter of value does not prevent § 2113(b)'s second paragraph from being a lesser included offense of § 2113(a). And if a defendant wishes to receive an instruction on the first paragraph of § 2113(b)—which entails more severe penalties than the sec-

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