Lora v. United States HTML PDF
Decided: Syllabus | Majority Opinion
Syllabus
LORA v. UNITED STATES
Vacated and remanded.
NOTE:âWhere 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 Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
LORA v. UNITED STATES
certiorari to the united states court of appeals for the second circuit
A federal court imposing multiple prison sentences typically has discretion to run the sentences concurrently or consecutively. See 18 U. S. C. §3584. An exception exists in §924(c), which provides that âno term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment.â §924(c)(1)(D)(ii). Here, the Court considers whether §924(c)âs bar on concurrent sentences extends to a sentence imposed under a different subsection, §924(j).
ââPetitioner Efrain Lora was convicted of the federal crime of aiding and abetting a violation of §924(j)(1), which penalizes âa person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm,â where âthe killing is a murder.â A violation of subsection (c) occurs when a person âuses or carries a firearmâ âduring and in relation to any crime of violence or drug trafficking crime,â or âpossesses a firearmâ âin furtherance of any such crime.â §924(c)(1)(A). Lora was also convicted of a second federal crime, conspiring to distribute drugs.
ââAt sentencing, the District Court concluded that it lacked discretion to run the sentences for Loraâs two convictions concurrently, because §924(c)(1)(D)(ii)âs bar on concurrent sentences governs §924(j) sentences. The District Court sentenced Lora to consecutive terms of imprisonment for the drug-distribution-conspiracy count and the §924(j) count. The Court of Appeals affirmed.
Held: Section 924(c)(1)(D)(ii)âs bar on concurrent sentences does not govern a sentence for a §924(j) conviction. A §924(j) sentence therefore can run either concurrently with or consecutively to another sentence. Pp. 3â10.
 â(a) Sections 924(c) and 924(j) criminalize the use, carrying, and possession of firearms in connection with certain crimes. Subsection (c) lays out a set of offenses and their corresponding penalties. It also mandates that a âterm of imprisonment imposed on a person under this subsectionâ must run consecutively with other sentences. §924(c)(1)(D)(ii). Subsection (j) likewise lays out offense elements and corresponding penalties. Unlike subsection (c), subsection (j) contains no consecutive-sentence mandate. Pp. 3â4.
â(b) Subsection (c)âs consecutive-sentence mandate applies only to the terms of imprisonment prescribed within subsection (c). A sentence imposed under subsection (j) does not qualify. Subsection (j) is located outside subsection (c) and does not call for imposing any sentence from subsection (c). And while subsection (j) references subsection (c), that reference is limited to offense elements, not penalties. Pp. 4â5.
â(c) Congress did not, as the Government maintains, incorporate §924(c) as a whole into §924(j) such that a §924(j) defendant faces subsection (j)âs penalties plus subsection (c)âs penalties. Subsection (j) nowhere mentionsâlet alone incorporatesâsubsection (c)âs penalties. Moreover, as subsections (c) and (j) are written, a sentencing court cannot always obey both sets of penalties. To avert potential conflict between subsections (c) and (j), the Government points to another provision, §924(c)(5), as a model. But assuming without deciding whether §924(c)(5) operates as the Government says, Congress did not implement that design in subsection (j). Equally unavailing is the Governmentâs argument that, under double jeopardy principles, a defendant cannot receive both subsection (c) and subsection (j) sentences for the same conduct. That view of double jeopardy can easily be squared with the conclusion that subsection (j) neither incorporates subsection (c)âs penalties nor triggers the consecutive-sentence mandate. Pp. 5â8.
â(d) It is not âimplausible,â as the Government asserts, for Congress to have imposed the harsh consecutive-sentence mandate under subsection (c) but not subsection (j), which covers more serious offense conduct. That result is consistent with the statuteâs design. Unlike subsection (c), subsection (j) generally eschews mandatory penalties in favor of sentencing flexibility. Of a piece, subsection (j) permits flexibility to choose between concurrent and consecutive sentences. Congress chose a different approach to punishment in subsection (j) than in subsection (c), and the Court must implement the design Congress chose. Pp. 8â10.
Vacated and remanded.
âJackson, J., delivered the opinion for a unanimous Court.
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Opinion
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SUPREME COURT OF THE UNITED STATES
_________________
No. 22â49
_________________
EFRAIN LORA, PETITIONER v. UNITED STATES
on writ of certiorari to the united states court of appeals for the second circuit
âJustice Jackson delivered the opinion of the Court.
âWhen a federal court imposes multiple prison sentences, it can typically choose whether to run the sentences concurrently or consecutively. See 18 U. S. C. §3584. An exception exists in subsection (c) of §924, which provides that âno term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment.â §924(c)(1)(D)(ii).
âIn this case, we consider whether §924(c)âs bar on concurrent sentences extends to a sentence imposed under a different subsection: §924(j). We hold that it does not. A sentence for a §924(j) conviction therefore can run either concurrently with or consecutively to another sentence.
I
âIn 2002, members of a drug-dealing group from the Bronx assassinated a rival drug dealer. The Government accused petitioner Efrain Lora of being one of the groupâs leaders and acting as a scout during the fatal shooting. After a jury trial, Lora was convicted of aiding and abetting a violation of §924(j)(1), which penalizes â[a] person who, in the course of a violation of subsection (c), causes the death of a person  through the use of a firearm,â where âthe killing is a murder.â See also §2(a) (an aider and abettor is punishable âas a principalâ). Lora was also convicted of conspiring to distribute drugs, in violation of 21 U. S. C. §§841 and 846.
âAt sentencing, the District Court rejected two of Loraâs arguments about his §924(j) conviction. Most pertinent here, Lora argued that the District Court had discretion to run the §924(j) sentence concurrently with the drug- distribution-conspiracy sentence. The District Court held it lacked such discretion. Applying Circuit precedent, it held that §924(c)(1)(D)(ii)âs bar on concurrent sentences governs §924(j) sentences, such that Loraâs two sentences had to run consecutively. See United States v. Barrett, 937 F. 3d 126, 129, n. 2 (CA2 2019). Lora also argued that a §924(j) conviction is not subject to the mandatory minimum sentences specified in §924(c). Disagreeing once again, the District Court applied the five-year mandatory minimum under §924(c)(1)(A) to Loraâs sentencing calculation.
âThe District Court ultimately sentenced Lora to 30 years of imprisonment: 25 years on the drug-distribution- conspiracy count andâconsecutivelyâfive years on the §924(j) count. Lora also received five years of supervised release.
âThe Court of Appeals affirmed, adhering to its precedent barring §924(j) sentences from running concurrently with other sentences. That decision reinforced a conflict among the Courts of Appeals over whether §924(c)(1)(D)(ii)âs  concurrent-sentence bar governs §924(j) sentences.1 We granted certiorari to resolve the conflict. 598 U. S. ___ (2022).
 II
A
âThis case concerns federal laws that criminalize the use, carrying, and possession of firearms in connection with certain crimes. The relevant parts of that scheme are spread across two subsections of 18 U. S. C. §924.
âSubsection (c) lays out a set of offenses and their corresponding penalties. It begins by making it a crime either to âus[e] or carr[y] a firearmâ âduring and in relation to any crime of violence or drug trafficking crime,â or to âposses[s] a firearmâ âin furtherance of any such crime.â §924(c)(1)(A). The provision then prescribes âa term of imprisonmentâ for that offense: a minimum of five years. §924(c)(1)(A)(i).
âOther (more serious) offense elements and âterm[s] of imprisonmentâ follow within subsection (c). If the firearm is âbrandished,â the âterm of imprisonmentâ jumps to a minimum of seven years. §924(c)(1)(A)(ii). If the firearm is âdischarged,â the minimum becomes 10 years; if the firearm is a âmachinegun,â 30 years; and so on. §§924(c)(1)(A)â(C), (c)(5).
âSubsection (c) also provides that âno term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person.â §924(c)(1)(D)(ii). In other words, the sentence must run consecutively, not concurrently, in relation to other sentences. This concurrent-sentence bar (or  consecutive-sentence mandate) is at issue in this case.
âSubsection (j) was added decades after subsection (c) and its consecutive-sentence mandate.2 Subsection (j) likewise lays out offense elements and corresponding penalties. It provides:
 ââA person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm, shallâ
ââ(1) if the killing is a murder (as defined in section 1111), be punished by death or by imprisonment for any term of years or for life; and
ââ(2) if the killing is manslaughter (as defined in section 1112), be punished as provided in that section.â §924(j).
Subsection (j) contains no consecutive-sentence mandate.
B
âHere, Lora was convicted of a subsection (j) offense. The parties dispute whether the sentence for that offense can run concurrently with another sentence, or whether it is subject to subsection (c)âs consecutive-sentence mandate. We hold the former.
âSubsection (c)âs consecutive-sentence requirement applies to a âterm of imprisonment imposed on a person under this subsectionââi.e., subsection (c). §924(c)(1)(D)(ii) (emphasis added). By those plain terms, Congress applied the consecutive-sentence mandate only to terms of imprisonment imposed under that subsection. And Congress put subsection (j) in a different subsection of the statute.
âDrilling into the details confirms that straightforward reasoning. To begin, subsection (c) sets forth a host of offenses and the corresponding âterm[s] of imprisonmentâ to be imposed. §§924(c)(1), (5); supra, at 3. Those are the âterm[s] of imprisonment imposed . . . under this subsectionâ that the consecutive-sentence mandate references. §924(c)(1)(D)(ii). That is, by echoing the phrase âterm of imprisonmentâ and referring inwards to âthis subsection,â §924(c)(1)(D)(ii) points to the terms of imprisonment prescribed within subsection (c).
âA sentence imposed under subsection (j) does not qualify. To state the obvious again, subsection (j) is not located  within subsection (c). Nor does subsection (j) call for imposing any sentence from subsection (c). Instead, subsection (j) provides its own set of penalties. See §§924(j)(1)â(2).
âTo be sure, subsection (j) references subsection (c). But it does so only with respect to offense elements, not penalties. Subsection (j)âs offense elements include causing death âin the course of a violation of subsection (c).â §924(j). And to define that phrase, one must consult subsection (c)âs offense elements (i.e., what it takes to violate that subsection). But that is where subsection (c)âs role in subsection (j) stops. One need not consult subsection (c)âs sentences in order to sentence a subsection (j) defendant.
âThus, a defendant who is sentenced under subsection (j) does not receive a âterm of imprisonment imposed . . . under [subsection (c)].â Consequently, §924(c)(1)(D)(ii)âs consecutive-sentence mandate does not apply.
III
A
âThe Government tries to deflect this conclusion by blending subsections (c) and (j) together. It claims that âCongress incorporated Section 924(c) as a whole into Section 924(j).â Brief for United States 15. Under that view, a subsection (j) defendant faces subsection (j)âs penalties plus subsection (c)âs penaltiesâincluding subsection (c)âs mandatory minimum sentences and its consecutive-sentence mandate.
âThe actual statute bears no resemblance to the Governmentâs vision. Subsection (j) nowhere mentionsâlet alone incorporatesâsubsection (c)âs penalties. Instead, as just explained, subsection (j)âs only reference to subsection (c) is limited to offense elements. Supra this page.
âMoreover, a sentencing court cannot follow both subsection (c) and subsection (j) as written. Combining the two subsections would set them on a collision course; indeed, in some cases, the maximum sentence would be lower than the minimum sentence. Take voluntary manslaughter using a  machinegun in the course of a subsection (c)(1) violation, for example. Subsection (c), because of the machinegun, would command that âthe person shall be sentenced to a term of imprisonment of not less than 30 years.â §924(c)(1)(B)(ii). Subsection (j), because of the voluntary manslaughter, would command that, per §1112, the person âshall be . . . imprisoned not more than 15 years.â §§924(j)(2), 1112(b). To fashion a sentence ânot less than 30 yearsâ and ânot more than 15 yearsââthat is, to obey both subsections (c) and (j)âis impossible. And Congress has not required that unachievable result. Instead, subsection (j) supplies its own comprehensive set of penalties that apply instead of subsection (c)âs.
âTo avert potential conflict between subsections (c) and (j), the Government tries to knit the two provisions together in a very particular way. In the Governmentâs view, a court sentencing a subsection (j) defendant should jump to subsection (c), apply the penalties listed there, then jump back to subsection (j) and add the penalties listed there, then jump back to subsection (c) and impose the consecutive-Â sentence mandate listed in that subsection. But nothing in subsection (j) calls for such calisthenics.
âTo assuage that concern, the Government maintains that Congress has done this elsewhere; it says that another provision, §924(c)(5), operates this way. Tr. of Oral Arg. 27, 31. Even if §924(c)(5) does work in that fashionâwhich we do not decideâthe Governmentâs argument only underscores that subsection (j) does not.
âUnder §924(c)(5), a person who, inter alia, uses armor piercing ammunition during and in relation to a crime of violence or drug trafficking crime:
ââshall . . .
ââ(A) be sentenced to a term of imprisonment of not less than 15 years; and
 ââ(B) if death results from the use of such ammunitionâ
ââ(i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and
ââ(ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112.â (Emphasis added.)
According to the Government, §924(c)(5) adds two penalties together when death results: Someone convicted of murder resulting from the use of such ammunition faces a 15-year mandatory minimum sentence under §924(c)(5)(A) plus an additional sentence for murder under §924(c)(5)(B)(i). Tr. of Oral Arg. 27, 31.
âBut subsection (j) is cast from a different mold. Section 924(c)(5) groups the two penalties together and joins them with the word âand.â In contrast, several unrelated subsections separate subsections (c) and (j) structurally, and nothing joins their penalties textually. So even if those features of §924(c)(5) make it operate as the Government contends, those aspects of §924(c)(5) are missing from subsection (j).
âIn the Governmentâs own telling, then, §924(c)(5) shows how Congress could have constructed penalties that might ultimately add together. Yet Congress did not implement that design in subsection (j).
âEqually unavailing is the Governmentâs invocation of double jeopardy principles. According to the Governmentâs brief, âSection 924(j) amounts to the âsame offenseâ as Section 924(c) for purposes of the Double Jeopardy Clause,â so âa defendant may be punished for either a Section 924(c) offense or a Section 924(j) offense, but not both.â Brief for United States 22â26 (emphasis added; alterations and some internal quotation marks omitted). The Government argues that this conception of double jeopardy confirms subsection (j) incorporates all of subsection (c). Ibid.
 âWe express no position on the Governmentâs view of double jeopardy, because even assuming it, arguendo, the Governmentâs view does not refute our holding on the question presented. The Government says someone cannot receive both subsection (c) and subsection (j) sentences for the same conduct. But that aligns with our conclusion here: If a defendant receives a sentence under subsection (j), he does not receive a sentence âimposed . . . under [subsection (c)]â that would trigger the consecutive-sentence mandate. §924(c)(1)(D)(ii). Accordingly, the Governmentâs view of double jeopardy can easily be squared with our view that subsection (j) neither incorporates subsection (c)âs penalties nor triggers the consecutive-sentence mandate.
B
âThe Government protests that it is âimplausibleâ 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, 28â35. Yet that result is consistent with other design features of the statute.
âCongress 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. In fact, when subsection (j) was enacted in 1994, subsection (c) specified not just mandatory minimums, but exact mandatory terms of imprisonment. 18 U. S. C. §924(c)(1) (1994 ed.) (e.g., exactly five years of imprisonment for the base subsection (c) offense).
âSubsection (j), by contrast, generally eschews mandatory penalties in favor of sentencing flexibility. Unlike subsection (c), subsection (j) contains no mandatory minimums. Even for murder, subsection (j) expressly permits a sentence of âany term of years.â §924(j)(1) (emphasis added).  This follows the same pattern as several other provisions enacted alongside subsection (j) in the Federal Death Penalty Act of 1994, 108 Stat. 1959. In those provisions, as in §924(j)(1), Congress authorized the death penalty, but also a flexible range of lesser sentences for âany term of years,â 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 âimplausible,â as the Government asserts, that subsection (j) permits flexibility to choose between concurrent and consecutive sentences.
âNor is that flexibility incompatible with the seriousness of subsection (j) offenses. Subsection (j) merely reflects the seriousness of the offense using a different approach than subsection (c)âs mandatory penalties. 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
âCongress 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). It could have written subsection (c)âs consecutive-sentence mandate more broadly. It could have placed subsection (j) within subsection (c).6
âBut Congress did not do any of these things. And we must implement the design Congress chose.
*ââ*ââ*
âBecause the consecutive-sentence mandate in §924(c)(1)(D)(ii) does not govern §924(j) sentences, the District Court had discretion to impose Loraâs §924(j) sentence concurrently with another sentence. We vacate the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
It is so ordered.
Notes
1  Compare, e.g., Barrett, 937 F. 3d, at 129, n. 2 (§924(c)(1)(D)(ii)âs  concurrent-sentence bar governs §924(j) sentences); United States v. Berrios, 676 F. 3d 118, 140â144 (CA3 2012); United States v. Bran, 776 F. 3d 276, 280â282 (CA4 2015); and United States v. Dinwiddie, 618 F. 3d 821, 837 (CA8 2010), with United States v. Julian, 633 F. 3d 1250, 1252â1257 (CA11 2011) (it does not).
2 Â See 82 Stat. 1224 (enacting subsection (c) in 1968); 84 Stat. 1889â1890 (adding subsection (c)âs consecutive-sentence mandate in 1971); 108 Stat. 1973 (enacting subsection (j), originally designated as subsection (i), in 1994); 110 Stat. 3505 (redesignating as subsection (j) in 1996).
3  108 Stat. 1971â1973, 1976, 1978â1982 (Pub. L. 103â322, §§60008, 60010, 60011, 60019â60024).
4  Id., at 1985â1986 (Pub. L. 103â322, §80001) (enacting 18 U. S. C. §3553(f )).
5  When Congress enacted subsection (j), it actually imposed higher maximum penalties for manslaughter under subsection (j) than what subsection (c) had authorized for the base offense. A base subsection (c) violation triggered a fixed five-year sentence, while subsection (j)(2) authorized more: up to 10 years for voluntary manslaughter and six years for involuntary manslaughter. 18 U. S. C. §§924(c)(1), (i)(2), 1112 (1994 ed.); see 110 Stat. 3505 (redesignating subsection (i) as subsection (j)). This reinforces that Congress designed subsection (j)âs penalties to account for the seriousness of the offense by themselves, without incorporating penalties from subsection (c).
6 Â Congress specifically considered and rejected that last possibility. The 1994 Congress had before it a proposal to add, within subsection (c), a provision authorizing the death penalty when a subsection (c) violation results in homicide. See 140 Cong. Rec. 11165, 24066. Congress rejected that option and enacted a different version of that crime billâwhich created subsection (j).