McNeill v. United States

180 L. Ed. 2d 35, 131 S. Ct. 2218, 563 U.S. 816, 22 Fla. L. Weekly Fed. S 1081, 2011 U.S. LEXIS 4180, 79 U.S.L.W. 4419
Procedural entryThis page is a short order in McNeill v. United States. Read the opinion of the Court — 131 S. Ct. 2218
Supreme Court of the United States·Decided June 6, 2011·No. No. 10-5258·Published

Opinion

OPINION OF THE COURT

[563 U.S. 817]

Justice Thomas

delivered the opinion of the Court.

Under the Armed Career Criminal Act (ACCA), a prior state drug-trafficking conviction is for a “serious drug offense” if “a maximum term of imprisonment of ten years or more is prescribed by law” for the offense. 18 U.S.C. § 924(e)(2)(A)(ii). The question in this case concerns how a federal court should determine the maximum sentence for a prior state drug offense for ACCA purposes. We hold that

[563 U.S. 818]

the “maximum term of imprisonment” for a defendant’s prior state drug offense is the maximum sentence applicable to his offense when he was convicted of it.

I

After an extended chase, police officers in Fayetteville, North Carolina, apprehended petitioner Clifton Te-relle McNeill. McNeill was caught with 3.1 grams of crack cocaine packaged for distribution and a .38-caliber revolver. In August 2008, he pleaded guilty to unlawful possession of a firearm by a felon, 18 U.S.C. § 922(g)(1), and possession with intent to distribute cocaine base, 21 U.S.C. § 841(a)(1).

At sentencing, the District Court determined that McNeill qualified for ACCA’s sentencing enhancement. Under ACCA, a person who violates 18 U.S.C. § 922(g) and “has three previous convictions ... for a violent felony or a serious drug offense” is subject to a 15-year minimum prison sentence. § 924(e)(1). McNeill conceded that two of his prior convictions—assault with a deadly weapon and robbery—were for “violent felonies.”

McNeill argued, however, that none of his six state drug-trafficking convictions were for “serious drug offense[s]” because those crimes no longer carried a “maximum term of imprisonment of ten years or more.” § 924(e)(2)(A)(ii). When McNeill [40]*40committed those crimes between 1991 and 1994, each carried a 10-year maximum sentence, and McNeill in fact received 10-year sentences. See N. C. Gen. Stat. §§ 14-1.1(a)(8), 90-95(a)(1) and (b)(1) (Michie 1993) (sale of cocaine and possession with intent to sell cocaine). But as of October 1, 1994, North Carolina reduced the maximum sentence for selling cocaine to 38 months and the maximum sentence for possessing cocaine with intent to sell to 30 months. See N. C. Gen. Stat. Ann. §§ 15A-1340.17(c) and (d), 90-95(a)(1) and (b)(1) (Lexis 2009).

The District Court rejected Mc-Neill’s request that it look to current state law and instead relied on the 10-year

[563 U.S. 819]

maximum sentence that applied to McNeill’s drug offenses at the time he committed them. No. 5:08-CR-2-D-1 (EDNC, Jan. 26, 2009), App. 118. Finding that McNeill therefore had three prior convictions for violent felonies or serious drug offenses, the court applied ACCA’s sentencing enhancement. The court then departed upward from the advisory Sentencing Guidelines range and sentenced McNeill to 300 months in prison in light of his “long and unrelenting history of serious criminal conduct” and “near certain likelihood of recidivism.” Id., at 119, 121.

The Court of Appeals for the Fourth Circuit affirmed. Although the court consulted the maximum sentence under current state law, it reached the same conclusion as the District Court because North Carolina’s revised sentencing scheme does not apply to crimes committed before October 1, 1994. 598 F.3d 161, 165 (2010) (agreeing with United States v. Hinojosa, 349 F.3d 200 (CA5 2003), and disagreeing with United States v. Darden, 539 F.3d 116 (CA2 2008)). Thus, even if McNeill were convicted today for his 1991, 1992, and September 1994 drug offenses, he would still be subject to the old 10-year statutory maximum. 598 F.3d, at 165 (citing N. C. Gen. Stat. § 15A-1340.10 and State v. Branch, 134 N.C. App. 637, 639-640, 518 S.E.2d 213, 215 (1999)). We granted certiorari, 562 U.S. 1128, 131 S. Ct. 856, 178 L. Ed. 2d 623 (2011), and now affirm, albeit for a different reason.

II

A

As in all statutory construction cases, we begin with “the language itself [and] the specific context in which that language is used.” Robinson v. Shell Oil Co., 519 U.S. 337, 341, 117 S. Ct. 843, 136 L. Ed. 2d 808 (1997). ACCA’s sentencing enhancement applies to individuals who have “three previous convictions . . . for a violent felony or a serious drug offense.” § 924(e)(1). As relevant here, the statute defines a “serious drug offense” as “an offense under State law, involving manufacturing, distributing,

[563 U.S. 820]

or possessing with intent to manufacture or distribute, a controlled substance . . . , for which a maximum term of imprisonment of ten years or more is prescribed by law.” § 924(e)(2)(A)(ii).

The plain text of ACCA requires a federal sentencing court to consult the maximum sentence applicable to a defendant’s previous drug offense at the time of his conviction for that offense. The statute requires the court to determine whether a “previous con-victio[n]” was for a serious drug offense. The only way to answer this backward-looking question is to consult the law that applied at the time of that conviction. We did precisely that in United States v. Rodriquez, [41]*41553 U.S. 377, 128 S. Ct. 1783, 170 L. Ed. 2d 719 (2008), where we addressed whether the “maximum term of imprisonment” includes recidivism enhancements. In assessing the “maximum term of imprisonment” for Rodriguez’s state drug offenses, we consulted the version of state law “that [he] was convicted of violating,” that is, the 1994 statutes and penalties that applied to his offenses at the time of his state convictions. Id., at 380-381, 128 S. Ct. 1783, 170 L. Ed. 2d 719.

Use of the present tense in the definition of “serious drug offense” does not suggest otherwise. McNeill argues that the present-tense verb in the phrase “is prescribed by law” requires federal courts to determine the maximum sentence for a potential predicate offense by looking to the state law in effect at the time of the federal sentencing, as if the state offense were committed on the day of federal sentencing. That argument overlooks the fact that ACCA is concerned with convictions that have already occurred. Whether the prior conviction was for an offense “involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance” can only be answered by reference to the law under which the defendant was convicted. Likewise, the maximum sentence that “is prescribed by law” for that offense must also be determined according to the law applicable at that time.

[563 U.S. 821]

McNeill’s interpretation contorts the plain meaning of the statute.

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McNeill v. United States, 180 L. Ed. 2d 35, 131 S. Ct. 2218, 563 U.S. 816, 22 Fla. L. Weekly Fed. S 1081, 2011 U.S. LEXIS 4180, 79 U.S.L.W. 4419 (U.S. 2011).

180 L. Ed. 2d 35 (McNeill v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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