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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- UNITED STATES v. GRANDERSON
- certiorari to the united states court of appeals for
- the eleventh circuit
- No. 92-1662. Argued January 10, 1994-Decided March 22, 1994
-
- Respondent Granderson, a letter carrier, pleaded guilty to one count
- of destruction of mail. The potential imprisonment range for that
- crime was 0-6 months under the United States Sentencing Guide-
- lines. The District Court imposed no prison time, sentencing
- Granderson instead to 5 years' probation and a fine. After Gran-
- derson tested positive for cocaine, the court resentenced him under
- 18 U. S. C. 3565(a), which provides that if a person serving a
- sentence of probation possesses illegal drugs, ``the court shall
- revoke the sentence of probation and sentence the defendant to not
- less than one-third of the original sentence.'' Accepting the Gov-
- ernment's reading of the statute, the District Court concluded that
- the phrase ``original sentence'' referred to the term of probation
- actually imposed (60 months), rather than the 0-6 month impris-
- onment range authorized by the Guidelines. Accordingly, that
- court resentenced Granderson to 20 months' imprisonment. The
- Court of Appeals upheld the revocation of Granderson's probation,
- but vacated his new sentence. Invoking the rule of lenity, the
- court agreed with Granderson that ``original sentence'' referred to
- the potential imprisonment range under the Guidelines, not to the
- actual probation sentence. Because Granderson had already
- served 11 months of his revocation sentence-more than the 6-
- months maximum under the Guidelines-the court ordered him
- released from custody.
- Held: The minimum revocation sentence under 3565(a)'s drug-
- possession proviso is one-third the maximum of the originally
- applicable Guidelines range of imprisonment, and the maximum
- revocation sentence is the Guidelines maximum. Pp. 4-18.
- (a) The Government is correct that the proviso mandates im-
- prisonment, not renewed probation, as the required type of punish-
- ment. The contrast in 3565(a)(1) and (2) between ``continu[ing]''
- and ``revok[ing]'' probation as the alternative punishments for a
- defendant who violates a probation condition suggests that a
- revocation sentence must be a sentence of imprisonment, not a
- continuation of probation. Moreover, it would be absurd to punish
- drug-possessing probationers by revoking their probation and
- imposing a new term of probation no longer than the original.
- However, the Government contends incorrectly that the term
- ``original sentence'' unambiguously calls for a sentence based on
- the term of probation. The statutory language appears to differen-
- tiate, not to equate or amalgamate, ``the sentence of probation''
- and ``the original sentence.'' The Government's interpretation,
- furthermore, reads the proviso's word ``sentence'' inconsistently.
- Pp. 4-7.
- (b) Under Granderson's reading of the proviso, the ``original
- sentence'' that sets the duration of the revocation sentence is the
- applicable Guidelines sentence of imprisonment, not the revoked
- term of probation. That reading avoids both the linguistic anoma-
- lies presented by the Government's construction and the sentenc-
- ing disparities that would attend the Government's interpretation.
- Furthermore, contrary to the Government's arguments, Grander-
- son's reading satisfies the statute's purpose by treating the class
- of drug possessors more severely than other probation violators,
- and the proviso need not be interpreted in pari materia with the
- discrete, differently worded provision prescribing revocation of the
- supervised release of drug possessors. Moreover, the proviso's
- history furnishes additional cause to resist the Government's
- interpretation, for it indicates that the proviso may not have
- received Congress' careful attention and may have been composed
- with an obsolete federal sentencing regime in the drafter's mind.
- In these circumstances, where the text, structure, and statutory
- history fail to establish that the Government's position is unambig-
- uously correct, the rule of lenity operates to resolve the statutory
- ambiguity in Granderson's favor. Pp. 7-15.
- (c) The benchmark for the revocation sentence under the provi-
- so is the maximum Guidelines sentence of imprisonment.
- Pp. 15-17.
- (d) Because Granderson's maximum revocation sentence under
- the proviso was 6 months, and because he had already served 11
- months imprisonment at the time the Court of Appeals issued its
- decision, that court correctly ordered his release. P. 18.
- 969 F. 2d 980, affirmed.
- Ginsburg, J., delivered the opinion of the Court, in which Black-
- mun, Stevens, O'Connor, and Souter, JJ., joined. Scalia, J., and
- Kennedy, J., filed opinions concurring in the judgment. Rehnquist,
- C. J., filed a dissenting opinion, in which Thomas, J., joined.
-