ladner argued november decided december petitioner convicted federal district two different counts assaulting two federal officers deadly weapon violation ed sentenced imprisonment years conviction assault sentences run consecutively upon completion first sentence moved district correct second consecutive sentence alleged evidence trial showed fired one discharge shotgun wounded two federal officers contended circumstances guilty one assault holding wounding two officers single discharge shotgun constitute separate offense officer statute district denied motion appeals affirmed held single discharge shotgun alleged petitioner case constitute single violation petitioner entitled opportunity sustain allegation conviction two assaults rested upon evidence wounding two officers resulted single discharge gun judgment reversed cause remanded proceedings pp question scope collateral attack upon criminal sentences circumstances case decided since appear government raised question courts tendered question presented decision pp clear statute even read light legislative history congress intended single act assault affecting two officers constitute two offenses statute pp hold many assaults committed officers affected produce incongruous results meaning criminal statute ambiguous policy lenity construction criminal statutes requires less harsh two possible meanings adopted pp since district hold hearing petitioner motion proceedings petitioner trial transcribed necessary hearing motion reconstruct trial record order determine whether petitioner properly convicted one offense pp harold rosenwald acting appointment reargued cause filed two briefs petitioner leonard sand reargued cause brief solicitor general rankin warren olney iii assistant attorney general beatrice rosenberg julia cooper justice brennan delivered opinion petitioner convicted district southern district mississippi assaulting two federal officers deadly weapon violation former sentenced petitioner maximum punishment years imprisonment conviction assault sentences run consecutively upon completion first sentence petitioner made motion district correct second consecutive sentence supported motion allegations evidence trial showed fired single discharge shotgun front seat automobile pellets wounded two federal officers transporting arrested prisoner contended circumstance guilty one assault within meaning former accordingly subject one punishment district denied motion appeals fifth circuit affirmed courts held wounding two federal officers single discharge shotgun constitute separate offense officer statute granted certiorari consider construction light principles applied construe federal criminal statutes involved bell universal credit prince affirmed appeals equally divided vacated judgment set case reargument petition rehearing granted reargument term suggested remedy available petitioner circumstances case record disclose government raised question district appeals government tender question presented decision brief often reached merits case involving questions statutory construction similar presented case former proceedings way collateral attack upon consecutive sentences snow petitioner brought habeas corpus proceeding serving seven months three consecutive sentences claimed sentencing misinterpreted applicable statute committed single offense punishable single sentence held objection may taken habeas corpus sentence one convictions sought enforced bell supra case fours present case reached question statutory construction objection government brief opposition petition certiorari question raised motion cases reached decided questions statutory construction although questions raised collateral attack consecutive sentences include tinder gore prince supra federal rule criminal procedure ebeling morgan habeas corpus morgan devine habeas corpus fact often reached merits statutory construction issues proceedings suggests availability collateral remedy jurisdictional question sense properly raised nevertheless determine sua sponte moreover meagre argument question availability remedy case government submitted short discussion question body brief made passing reference toward close oral argument question scope collateral attack upon criminal sentences important complex one judging number decisions discussing district courts courts appeals think benefit full argument dealing question therefore proceed construe former without however intimating view availability collateral remedy another case question properly raised adequately briefed argued constitutional issue presented question decision construction given former circumstances alleged petitioner congress mean single discharge shotgun constitute one assault thus one offense regardless number officers affected congress define separate offense federal officer affected act congressional meaning plainly open question face statute originated act may stat government seriously contend otherwise emphasizes legislative history shows statute designed protect federal officers personal harm threat personal harm performance duties account performance duties premise government argues must offense officer put immediate apprehension personal injury assaulted officer thus defines unit prosecution position summed government brief follows legislation aimed protecting federal officers promote orderly functioning federal government whose efficiency diminish proportion number individual officers affected also protect individual officers wards federal government personal harm legislative objectives make individual officers separate unit protection however unable read legislative history clearly illumining statute meaning history scant consisting largely attorney general letter recommending passage legislation sheds real light congress intended unit prosecution although letter mentions need legislation protection federal officers also speaks need legislation legitimate purposes federal government appears argument least plausible government may made congressional aim prevent hindrance execution official duty thus assure carrying federal purposes interests protect federal officers except incident aim support meaning may found fact makes unlawful assault federal officers engaged official duty also forcibly resist oppose impede intimidate interfere officers clearly one may resist oppose impede officers interfere performance duties without placing personal danger congressional aim course served considering act hindrance unit prosecution without regard number federal officers affected act example locking door building prevent entry officers intending arrest person within act hindrance denounced statute find clearly statute even read light legislative history congress intended person locking door might commit many crimes officers denied entry find meaning supposed case find congress intended single act assault affecting two officers constitutes two offenses statute government frankly conceded oral argument assault treated differently outlawed activities single act hindrance impact two officers one offense act assault act assault one offense even though impact two officers moreover interpretation many assaults committed officers affected produce incongruous results punishments totally disproportionate act assault imposed often case number officers affected little bearing upon seriousness criminal act assault ordinarily held committed merely putting another apprehension harm whether actor actually intends inflict capable inflicting harm thus meaning government contends one shoots seriously wounds officer commit one offense punishable years imprisonment points gun five officers putting apprehension harm commit five offenses punishable years imprisonment even though fire gun officer actually suffers injury difficult without clearer indication materials us provide find congress intended result therefore apparent may reasonably read mean single discharge shotgun constitute assault without regard number federal officers affected may read mean many assaults committed officers affected neither wording statute legislative history points clearly either meaning circumstance applies policy lenity adopts less harsh meaning hen choice made two readings conduct congress made crime appropriate choose harsher alternative require congress spoken language clear definite derive criminal outlawry ambiguous implication universal credit bell expressed policy follows congress leaves judiciary task imputing congress undeclared ambiguity resolved favor lenity see also prince supra gore policy lenity means interpret federal criminal statute increase penalty places individual interpretation based guess congress intended congress desires create multiple offenses single act affecting one federal officer congress make meaning clear thus hold single discharge shotgun alleged petitioner case constitute single violation follows petitioner entitled opportunity sustain allegation conviction two assaults rested upon evidence wounding two officers resulted single discharge gun district hold hearing motion view single discharge admitted resulted two assaults appeals affirming ground correctly acknowledged erroneous view law necessity determination factual question must hearing petitioner entitled present see hayman walker johnston proceedings petitioner trial transcribed necessary hearing motion reconstruct trial record decide issue tendered parties intimate view whether petitioner may entitled correction consecutive sentence different fact situation reconstructed trial record may disclose judgment appeals reversed case remanded district proceedings consistent opinion ordered footnotes whoever shall forcibly resist oppose impede intimidate interfere person federal officer designated engaged performance official duties shall assault account performance official duties shall imprisoned three years whoever commission acts described section shall use deadly dangerous weapon shall imprisoned ten years ed ladner convicted jury three separate counts one conspiring assault officers second assaulting one officers third assaulting officer sentenced two years conspiracy count sentence run concurrently sentence assaulting one officers sentence imposed assault second officer run expiration first two sentences thus ladner sentenced total jail term years proceedings instituted ladner one cameron relief reported supp letter january senator ashurst chairman senate committee judiciary follows dear senator wish renew recommendation department legislation enacted making federal offense forcibly resist impede interfere assault kill official employee engaged account performance official duties congress already made federal offense assault resist officers employees bureau animal industry department agriculture engaged account execution duties sec sec title assault resist officers others customs internal revenue engaged execution duties sec sec title assault resist beat wound officer person duly authorized serving attempting serve process sec sec title assault resist immigration officials employees engaged performance duties sec immigration act stat sec title three statutes cited impose increased penalty deadly dangerous weapon used resisting officer employee need general legislation character protection federal officers employees specifically embraced statutes cited becomes increasingly apparent every day federal government compelled rely upon courts however respectable well disposed protection investigative personnel congress recognized fact least extent indicated special acts cited department found need similar legislation adequate protection special agents division investigation several assaulted course year performance official duties cases resort must usually local police affords little relief us circumstances effort legitimate purposes federal government seem preferable however instead extending piecemeal legislation statute books enact broad general statute embrace proper cases within outside scope existing legislation cases point assaults letter carriers cover post office department several years past sought legislation serious wounding couple years ago warden federal penitentiary leavenworth escaped convicts outside federal jurisdiction latter case possible punish escaped convicts federal law escape punished federal law shooting warden honor therefore enclose herewith copy introduced request department congress urge reintroduction present congress express hope may receive prompt serious consideration committee respectfully homer cummings attorney general concession government seems necessary view lack indication assault treated differently light present recodification lumps assault rest offensive actions statute provides whoever forcibly assaults resists opposes impedes intimidates interferes designated federal officer engaged account performance official duties committing crime reviser note indicates change wording intended substantive one see burdick law crime clark marshall law crimes miller criminal law view trial judge recollection one shot fired car officers riding say impossible petitioner properly convicted one offense even principles govern although stat provides recording proceedings criminal cases enacted january congress appropriated funds payment reporters time trial june see ricard vickers justice clark dissenting dubious route permitting collateral attack made old judgment proceedings reaches merits agree fully ladner contentions see enlargement jurisdiction subject trial dockets rash applications prisoners completely overturn purpose congress adopting procedure lieu habeas corpus moreover appears adopting ladner view merits clearly informs criminal might permitted borrow phrase assaults lives federal officers come cheap dozen nearly fourteen years ago two federal officers ambushed seriously wounded ladner shot shotgun sat front seat vehicle transporting prisoners arrested raid illicit distillery convicted assault officers ladner contends fired single charge shotgun therefore guilty one offense regardless number officers assaulted principal issue see case procedural one namely whether allow collateral attack ladner sentence important question argued briefed government think wrongly decided proceedings motion correct consecutive sentences ten years imposed counts indictment count charges assault officer james buford reed count charges one officer frost record unclear points many discharges shotgun ladner fired vehicle hence determination issue must made trial remand case clearly error raised appeal undermine jurisdiction original trial allegations indictment counts clearly state separate offenses raises constitutional issue history clearly reveals attach authorized reference hayman gives us complete picture judicial conference proposed remedy practical problems arisen administration federal courts habeas corpus jurisdiction conference submitting measure congress noted motion remedy broadly covers situations sentence open collateral attack remedy intended broad habeas corpus hayman supra today holds trial may committed error law require reconstruction evidence number shots fired ladner indicated may require retrial case indictment judgment admittedly regular faces dispute entirely facts incident issue therefore squarely governed principles sunal large habeas corpus proceeding attacking conviction admittedly obtained result error trial neither jurisdiction trial claimed constitutional violations issue speaking justice douglas said congress provided regular orderly method correction errors granting appeal circuit appeals vesting us certiorari jurisdiction every error potentially reversible error many rulings trial spell difference conviction acquittal defendants accept judgment conviction appeal later renew attack judgment habeas corpus litigation criminal cases interminable wise judicial administration federal courts counsels course least error trench constitutional rights defendants involve jurisdiction trial cites seven cases decided questions statutory construction although questions raised collateral attack upon consecutive sentences cases point position collateral attack made error sentence apparent facts alleged four corners indictment admitted parties five cases snow tinder gore prince ebeling morgan error sentencing apparent face indictment remaining two cases bell morgan devine facts admitted importance distinction indicated prince goes way point admitted respondent robbery charged count performed immediately entry bank charged count majority point single case collateral attack consecutive sentences permitted facts dispute none law long settled formerly habeas corpus contrary however even surprising runs counter understanding efficient judicial administration statement holding today considered intimating view availability collateral remedy another case question properly raised adequately briefed argued find counterpart handling precedents implicit therein suggestion come another case point properly raised adequately briefed argued conclusion different meanwhile says ladner precedent question availability collateral remedy despite permits use ad hoc disposition keeping good business conduct necessary administration reach merits congress however may correct error ad hoc manner today disposed case shall us always precedent others follow though issue mentioned government reply petition certiorari bell question briefed argued merits point raised government devoted four pages brief discussing separate cases research question indicates little add government discussion