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. ”
