Supreme Court of the United States

Summary

Supreme Court of the United States Lora v. United States (2023)

In those provisions, as in §924 (j) (1) , Congress authorized the death penalty, but also a flexible range of lesser sentences for “any term of years,” with no mandatory minimum or consecutive-sentence mandate. [3] In the same law, Congress also enacted a provision allowing judges to go below the otherwise-mandatory minimum sentence in certain cases. [4] Given those choices to favor sentencing flexibility over mandatory penalties, it is not “implausible,” as the Government asserts, that subsection (j) permits flexibility to choose between concurrent and consecutive sentences.
Source: Wikisource

Supreme Court of the United States Lora v. United States (2023)

For murder, subsection (j) authorizes the harshest maximum penalty possible: death. §924 (j) (1) . And for manslaughter, subsection (j) imposes the same harsh punishment that the Federal Criminal Code prescribes for other manslaughters. See §924 (j) (2) (aligning penalties with §1112) . [5]
Congress could certainly have designed the penalty scheme at issue here differently. It could have mandated harsher punishment under subsection (j) than under subsection (c) . It could have added a consecutive-sentence mandate to subsection (j) .
Source: Wikisource

Supreme Court of the United States Lora v. United States (2023)

The Government protests that it is “implausible” that Congress imposed the harsh consecutive-sentence mandate under subsection (c) but not subsection (j) , which covers more serious offense conduct. Brief for United States 9, 28–35. Yet that result is consistent with other design features of the statute.
Congress plainly chose a different approach to punishment in subsection (j) than in subsection (c) . Subsection (c) , first enacted in 1968, is full of mandatory penalties. It contains mandatory minimum years of imprisonment and mandatory consecutive sentences.
Source: Wikisource

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