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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-8199
- --------
- THOMAS LEE DEAL, PETITIONER v.
- UNITED STATES
- on writ of certiorari to the united states court
- of appeals for the fifth circuit
- [May 17, 1993]
-
- Justice Scalia delivered the opinion of the Court.
- Between January and April 1990, petitioner committed
- six bank robberies on six different dates in the Houston,
- Texas area. In each robbery, he used a gun. Petitioner
- was convicted of six counts of bank robbery, 18 U. S. C.
- 2113(a) and (d), six counts of carrying and using a
- firearm during and in relation to a crime of violence, 18
- U. S. C. 924(c), and one count of being a felon in posses-
- sion of firearms, 18 U. S. C. 922(g). Title 18 U. S. C.
- 924(c)(1) provides:
- -Whoever, during and in relation to any crime of
- violence . . . uses or carries a firearm, shall, in
- addition to the punishment provided for such crime
- of violence . . . , be sentenced to imprisonment for
- five years . . . . In the case of his second or subse-
- quent conviction under this subsection, such person
- shall be sentenced to imprisonment for twenty years
- . . . .-
- The United States District Court for the Southern District
- of Texas sentenced petitioner to 5 years imprisonment on
- the first 924(c)(1) count and to 20 years on each of the
- other five 924(c)(1) counts, the terms to run consecu-
- tively. The United States Court of Appeals for the Fifth
- Circuit affirmed the convictions and sentence. 954 F. 2d
- 262 (1992). We granted certiorari on the question
- whether petitioner's second through sixth convictions
- under 924(c)(1) in this single proceeding arose -[i]n the
- case of his second or subsequent conviction- within the
- meaning of 924(c)(1). 506 U. S. ___ (1992).
- Petitioner contends that the language of 924(c)(1) is
- facially ambiguous, and should therefore be construed in
- his favor pursuant to the rule of lenity. His principal
- argument in this regard is that the word -conviction- can,
- according to the dictionary, have two meanings, -either
- the return of a jury verdict of guilt or the entry of a final
- judgment on that verdict,- Brief for Petitioner 4; and that
- the phrase -second or subsequent conviction- could there-
- fore -mean `an additional finding of guilt rendered at any
- time'- (which would include petitioner's convictions on the
- second through sixth counts in the single proceeding here)
- or -`a judgment of conviction entered at a later time,'-
- (which would not include those convictions, since the
- District Court entered only a single judgment on all of the
- counts), id., at 7.
- It is certainly correct that the word -conviction- can
- mean either the finding of guilt or the entry of a final
- judgment on that finding. The word has many other
- meanings as well, including -[a]ct of convincing of error,
- or of compelling the admission of a truth-; -[s]tate of
- being convinced; esp., state of being convicted of sin, or
- by one's conscience-; -[a] strong persuasion or belief; as,
- to live up to one's convictions; an intensity of thorough
- conviction.- Webster's New International Dictionary 584
- (2d ed. 1950). But of course susceptibility of all of these
- meanings does not render the word -conviction,- whenever
- it is used, ambiguous; all but one of the meanings is
- ordinarily eliminated by context. There is not the slight-
- est doubt, for example, that 924(c)(1), which deals with
- punishment in this world rather than the next, does not
- use -conviction- to mean the state of being convicted of
- sin. Petitioner's contention overlooks, we think, this
- fundamental principle of statutory construction (and,
- indeed, of language itself) that the meaning of a word
- cannot be determined in isolation, but must be drawn
- from the context in which it is used. See King v. St.
- Vincent's Hosp., 502 U. S. ___, ___ (1991); Davis v.
- Michigan Dept. of Treasury, 489 U. S. 803, 809 (1989);
- United States v. Morton, 467 U. S. 822, 828 (1984).
- In the context of 924(c)(1), we think it unambiguous
- that -conviction- refers to the finding of guilt by a judge
- or jury that necessarily precedes the entry of a final
- judgment of conviction. A judgment of conviction includes
- both the adjudication of guilt and the sentence. See Fed.
- Rule Crim. Proc. 32(b)(1) (-A judgment of conviction shall
- set forth the plea, the verdict or findings, and the adjudi-
- cation and sentence- (emphasis added)); see also Black's
- Law Dictionary 843 (6th ed. 1990) (quoting Rule 32(b)(1)
- in defining -judgment of conviction-). Thus, if -conviction-
- in 924(c)(1) meant -judgment of conviction,- the provision
- would be incoherent, prescribing that a sentence which
- has already been imposed (the defendant's second or
- subsequent -conviction-) shall be 5 or 20 years longer than
- it was.
- Petitioner contends that this absurd result is avoided
- by the -[i]n the case of- language at the beginning of the
- provision. He maintains that a case is the -case of [a
- defendant's] second or subsequent- entry of judgment of
- conviction even before the court has entered that judgment
- of conviction and even before the court has imposed the
- sentence that is the prerequisite to the entry of judgment
- of conviction. We think not. If -conviction- meant -entry
- of judgment of conviction,- a -case- would surely not be
- the -case of his second or subsequent conviction- until
- that judgment of conviction was entered, by which time
- a lower sentence than that which 924(c)(1) requires
- would already have been imposed. And more fundamen-
- tally still, petitioner's contention displays once again the
- regrettable penchant for construing words in isolation.
- The word -case- can assuredly refer to a legal proceeding,
- and if the phrase -in the case of- is followed by a name,
- such as -Marbury v. Madison,- that is the apparent
- meaning. When followed by an act or event, however, -in
- the case of- normally means -in the event of--and we
- think that is its meaning here.
- The sentence of 924(c)(1) that immediately follows the
- one at issue here confirms our reading of the term -con-
- viction.- That sentence provides: -Notwithstanding any
- other provision of law, the court shall not place on proba-
- tion or suspend the sentence of any person convicted of
- a violation of this subsection.- That provision, like the
- one before us in this case, is obviously meant to control
- the terms of a sentence yet to be imposed. But if we give
- the term -convicted- a meaning similar to what petitioner
- contends is meant by -conviction--as connoting, that
- is, the entry of judgment, which includes sentence-we
- once again confront a situation in which the prescription
- of the terms of a sentence cannot be effective until it is
- too late, i.e., until after the sentence has already been
- pronounced.
- We are also confirmed in our conclusion by the recogni-
- tion that petitioner's reading would give a prosecutor
- unreviewable discretion either to impose or to waive the
- enhanced sentencing provisions of 924(c)(1) by opting to
- charge and try the defendant either in separate prosecu-
- tions or under a multicount indictment. Although the
- present prosecution would not have permitted enhanced
- sentencing, if the same charges had been divided into six
- separate prosecutions for the six separate bank robberies,
- enhanced sentencing would clearly have been required.
- We are not disposed to give the statute a meaning that
- produces such strange consequences.
- The dissent contends that 924(c)(1) must be read to
- impose the enhanced sentence only for an offense commit-
- ted after a previous sentence has become final. Though
- this interpretation was not mentioned in petitioner's
- briefs, and was put forward only as a fall-back position
- in petitioner's oral argument, see Tr. of Oral Arg. 4, the
- dissent thinks it so -obvious,- post, at 6, that our rejection
- of it constitutes a triumph of -textualism- over -common
- sense,- post, at 10, and the result of -an elaborate exercise
- in sentence-parsing,- post, at 10. We note, to begin with,
- that most of the textual distinctions made in this opin-
- ion-all of them up to this point-respond to the elaborate
- principal argument of petitioner that -conviction- means
- -entry of judgment.- It takes not much -sentence-parsing-
- to reject the quite different argument of the dissent that
- the terms -subsequent offense- and -second or subsequent
- conviction- mean exactly the same thing, so that -second
- conviction- means -first offense after an earlier conviction.-
- No one can disagree with the dissent's assertion that
- -Congress sometimes uses slightly different language to
- convey the same message,- post, at 1-but when it does
- so it uses -slightly different language- that means the
- same thing. -Member of the House- instead of -Represen-
- tative,- for example. Or -criminal offense- instead of
- -crime.- But to say that -subsequent offense- means the
- same thing as -second or subsequent conviction- requires
- a degree of verbal know-nothingism that would render
- government by legislation quite impossible. Under the
- terminology -second or subsequent conviction,- in the
- context at issue here, it is entirely clear (without any
- -sentence-parsing-) that a defendant convicted of a crime
- committed in 1992, who has previously been convicted of
- a crime committed in 1993, would receive the enhanced
- sentence.
- The dissent quotes extensively from Gonzalez v. United
- States, 224 F. 2d 431 (CA1 1955). See post, at 2-3. But
- far from supporting the -text-insensitive- approach favored
- by the dissent, that case acknowledges that -[i]n constru-
- ing subsequent offender statutes . . . the decisions of the
- courts have varied depending upon the particular statute
- involved.- 224 F. 2d, at 434. It says, as the dissent
- points out, that federal courts have -uniformly- held it to
- be the rule that a second offense can occur only after
- conviction for the first. Ibid. But those holdings were not
- arrived at in disregard of the statutory text. To the
- contrary, as Gonzalez goes on to explain:
- -`It cannot legally be known that an offense has been
- committed until there has been a conviction. A
- second offense, as used in the the criminal statutes,
- is one that has been committed after conviction for a
- first offense.'- Ibid. (quoting Holst v. Owens, 24 F. 2d
- 100, 101 (CA5 1928)).
- The present statute, however, does not use the term
- -offense,- so it cannot possibly be said that it requires a
- criminal act after the first conviction. What it requires
- is a conviction after the first conviction. There is utterly
- no ambiguity in that, and hence no occasion to invoke the
- rule of lenity. (The erroneous lower-court decisions cited
- by the dissent, see post, at 6-8, do not alter this assess-
- ment; judges cannot cause a clear text to become ambigu-
- ous by ignoring it.)
- In the end, nothing but personal intuition supports the
- dissent's contention that the statute is directed at those
- who -`failed to learn their lessons from the initial punish-
- ment,'- post, at 10 (quoting United States v. Neal, 976
- F. 2d 601, 603 (CA9 1992) (Fletcher, J., dissenting)). Like
- most intuitions, it finds Congress to have intended what
- the intuitor thinks Congress ought to intend. And like
- most intuitions, it is not very precise. -[F]ailed to learn
- their lessons from the initial punishment- would seem to
- suggest that the serving of the punishment, rather than
- the mere pronouncement of it, is necessary before the
- repeat criminal will be deemed an inadequate student-a
- position that certainly appeals to -common sense,- if not
- to text. Elsewhere, however, the dissent says that the
- lesson is taught once -an earlier conviction has become
- final,- post, at 6-so that the felon who escapes during a
- trial that results in a conviction becomes eligible for
- enhanced punishment for his later crimes, though he has
- seemingly been taught no lesson except that the law is
- easy to beat. But no matter. Once text is abandoned,
- one intuition will serve as well as the other. We choose
- to follow the language of the statute, which gives no
- indication that punishment of those who fail to learn the
- -lesson- of prior conviction or of prior punishment is the
- sole purpose of 924(c)(1), to the exclusion of other penal
- goals such as taking repeat offenders off the streets for
- especially long periods, or simply visiting society's retribu-
- tion upon repeat offenders more severely. We do not
- agree with the dissent's suggestion that these goals defy
- -common sense.- It seems to us eminently sensible to
- punish the second murder, for example, with life in prison
- rather than a term of years-whether or not conviction of
- the first murder (or completion of the sentence for the
- first murder) has yet occurred.
- Finally, we need not tarry over petitioner's contention
- that the rule of lenity is called for because his 105-year
- sentence -is so glaringly unjust that the Court cannot but
- question whether Congress intended such an application
- of the phrase, `in the case of his second or subsequent
- conviction.'- Brief for Petitioner 24. Even under the
- dissent's reading of 924(c)(1), some criminals whose only
- offenses consist of six armed bank robberies would receive
- a total sentence of 105 years in prison. We see no reason
- why it is -glaringly unjust- that petitioner be treated
- similarly here, simply because he managed to evade
- detection, prosecution, and conviction for the first five
- offenses and was ultimately tried for all six in a single
- proceeding.
- The judgment of the Court of Appeals is affirmed.
-
- It is so ordered.
-