gonzales et argued december decided march held section plain language sentence subsection shall run concurrently term imprisonment emphasis added forbids federal district direct section mandatory year firearms sentence run concurrently prison term whether state federal read naturally section word expansive meaning limited federal sentences must interpreted referring term imprisonment including imposed state courts alvarez sanchez unlike tenth circuit sees nothing remarkable much less ambiguous congress decision drafting toprohibit concurrent sentences instead simply mandating consecutive ones moreover given straightforward statutory command reason resort legislative history connecticut nat bank germain indeed legislative history excerpt relied upon tenth circuit muddies waters contrary interpretation prohibition applies section mandatory firearms sentence limit district normal authority order federal sentences run concurrently consecutively state federal prison terms pp vacated remanded delivered opinion rehnquist scalia kennedy souter thomas ginsburg joined stevens filed dissenting opinion breyer joined breyer filed dissenting opinion stevens joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press petitioner miguel gonzales orlenis hernandez diaz mario perez writ certiorari appeals tenth circuit march justice delivered opinion asked decide whether federal may direct prison sentence run concurrently state imposed sentence even though provides sentence imposed statute shall run concurrently term imprisonment hold may respondents arrested drug sting operation two pulled guns undercover police officers three convicted new mexico courts charges arising hold state courts sentenced prison terms ranging years began serve state sentences respondents convicted federal committing various drug offenses connected sting operation conspiring violation also convicted using firearms relation drug trafficking crimes violation respondents received sentences ranging months prison months reflected mandatory sentence required firearms convictions pursuant district ordered portion respondents federal sentences attributable drug convictions run concurrently state sentences remaining months due firearms offenses run consecutively appeals tenth circuit vacated respondents sentences firearms violations ground sentences run concurrently state prison terms also vacated respondents substantive drug convictions dealt various sentencing issues us although appeals recognized circuits uniformly held plain language prohibits sentences imposed statute running concurrently state sentences nevertheless thought literal reading statutory language produce absurd result feeling obliged venture thicket legislative history citations internal quotation marks omitted found line senate committee report indicating mandatory sentence revised subsection served prior start sentence underlying offense ibid quoting pp hereinafter emphasis deleted statement applied literally respondents serve first state sentences year federal firearm sentences finally sentences narcotics convictions even though narcotics sentences normally run concurrently state sentences since arose criminal activity avoid irrational result held mandatory five year sentence may run concurrently previously imposed state sentence defendant already begun serve granted certiorari reverse analysis begins always statutory text section provides whoever relation drug trafficking crime may prosecuted uses carries firearm shall addition punishment provided crime sentenced imprisonment five years notwithstanding provision law shall place probation suspend sentence person convicted violation subsection shall term imprisonment imposed subsection run concurrently term imprisonment including imposed drug trafficking crime firearm used carried emphasis added dissenting opinion justice stevens suggests word used first sentence unquestionably meaning federal post first sentence however congress explicitly limited scope phrase crime violence drug trafficking crime defendant may prosecuted given congress expressly limited phrase crime federal crimes find significant similar restriction modifies phrase term imprisonment appears two sentences later issue case see russello congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion appeals also found ambiguity congress decision drafting prohibit concur rent sentences instead simply mandating consecutive sentences unlike lower however see nothing remarkable much less ambiguous congress choice words consecutive concurrent sentences exact opposites congress implicitly required one prohibited ambiguity event beside point phraseology bearing whether congress meant sentences run consecutively federal terms imprisonment given straightforward statutory command reason resort legislative history connecticut nat bank germain indeed far clarifying statute legislative history muddies waters excerpt senate report accompanying amendment relied upon appeals reads committee intends mandatory sentence revised subsection served prior start sentence underlying offense appeals troubled rule might lead irrational results normally district authority decide whether federal prison terms run concurrently consecutively prison sentences vesting power district run prison terms either concurrently consecutively sentencing commission guidelines manual ussg guiding discretion prison terms respondents federal sentences begin terms completed however district effectively stripped statutory power decide whether sentences underlying narcotics offenses run concurrently respondents state terms imprisonment observed rule lead dramatically higher sentences particularly respondents case perez example already serving year state prison term role hold normally year federal sentence narcotics possession run concurrently state term ussg year firearm sentence follow total years prison must serve federal narcotics sentence firearms sentence however face total years prison seeking avoid conflict reinterpreted light legislative history appeals held prohibited running federal terms imprisonment concurrently ibid also reasoned narrow reading necessary way later sentencing federal cause mandatory year sentence served state sentence already served ibid see three flaws reasoning first statutory texts unvarnished legislative history entirely consistent section specifies must run firearms sentence concurrently prison terms leaves plenty room run sentences whether state federal offenses concurrently one another pursuant ussg statutes clash engraft onto requirement found single sentence buried legislative history firearms sentence must run first therefore follow text rather legislative history disregarding suggestion district must specify sentence firearms conviction served sentences give full meaning texts see wiltberger wheat marshall ambiguity words room construction case must strong one indeed justify departing plain meaning words search intention words suggest second even ignored plain language required courts list order defendant must serve sentences different convictions thereby create rule superfluous light statute instructs bureau prisons treat multiple terms imprisonment whether imposed concurrently consecutively administrative purposes single aggregate term imprisonment ibid practical matter makes difference whether specifies sequence portion aggregate sentence must served impose sentencing courts new duties view statutory commands effectively meaningless third appeals solution allow prison terms run concurrently state sentences eliminate anomaly arises firearms sentence must run first although clear prison term possibly run earlier imposed state prison term holds true prisoner already serving federal sentence see providing federal prison term commences defendant received custody voluntarily arrives begin serving sentence impossible start sentence prison term prisoner already serving whether imposed state federal limiting phrase term imprisonment state sentences get rid problem thus think appeals invented problem devised wrong solution justice breyer questions dissent whether congress wanted impose sentence defendant already serving prison term pursuant virtually identical state sentencing enhancement statute post federal double jeopardy reasons sentence person twoconsecutive federal prison terms single violation federal criminal statute congress impose two consecutive federal sentences dissent argues unlikely congress wanted stack sentence onto prison term virtually identical state firearms enhancement post already observed however straightforward language leaves room speculate congressional intent see supra statute speaks term imprisonment without limitation intimation congress meant sentences run consecutively certain types prison terms district courts discretion sentencing guidelines course cases related offenses prosecuted multiple proceedings establish sentences eye toward punishments approximate total penalty imposed sentences different offenses imposed time witte slip discussing ussg see post breyer dissenting congress enacted consecutive sentencing provision however cabined sentencing discretion district courts single circumstance defendant violates sentencing enhancement statute must run consecutively prison terms given clear legislative directive courts carve statutory exceptions based judicial perceptions good sentencing policy language reinforces conclusion congress amended sentencing enhancement apply regardless whether underlying felony statute provides enhanced punishment committed use deadly dangerous weapon device comprehensive crimecontrol act pub stat congress thus repudiated result reached busic held prosecution enhanced sentencing simply permissible predicate felony statute contains enhancement provision irrespective whether government actually sought enhancement predicate statute see also simpson holding federal may impose sentences weapon enhancement armed bank robbery statute based single criminal transaction holdings cases based conclusion unamended text left us little guess congress meant mesh statute sentencing enhancement provisions scattered throughout federal criminal code simpson supra busic supra amendment however eliminated ambiguities point congress made clear desire run enhancements consecutively prison terms regardless whether imposed firearms enhancement statutes similar therefore agree justice breyer contention interpretation distinguishes subject undischarged state subject undischarged federal sentences post sorts defendants face sentences convictions run concurrently consecutively according normal sentencing principles plus enhancement short light amendment think congress foreclosed dissent argument covers federal sentences finally pause comment justice today decision might affect cases state trial follows federal trial state judge imposes concurrent sentence might viewed inconsistent post course sequence respondents sentenced case occasion decide whether later sentencing state bound order sentence run consecutively term imprisonment see ibid us today authority later sentencing federal impose consecutive sentence hesitant reach beyond facts case decide question squarely presented review sum hold plain language forbids federal district direct term imprisonment statute run concurrently term imprisonment whether state federal statute however limit authority order federal sentences run concurrently consecutively prison terms state federal judgment appeals vacated case remanded proceedings consistent opinion ordered petitioner miguel gonzales orlenis hernandez diaz mario perez writ certiorari appeals tenth circuit march justice stevens justice breyer joins cases arose criminal enterprise violated new mexico law federal law gave rise state federal prosecutions raise narrow important question concerning scope prohibition concurrent sentences contained government reads provision prohibits sentence running concurrently state sentence already imposed permits concurrent state federal sentences federal prosecution precedes state prosecution thus length total term imprisonment including state sentence federal sentence determined part happenstance case tried first read literally however text avoid anomalous result text broadly prohibits sentence running concurrently term imprisonment regardless whether term imposed afterthe federal sentence statute read literally require state judges make state term imprisonment run consecutively sentence alternatively state trial follows federal trial state judge imposes concurrent sentence read applicability state sentences literal text require federal authorities suspend sentence state sentence served relying heavily pure textual analysis opinion appear dictate result like government however think statute reasonably interpreted containing command state sentencing judges requiring suspension federal sentences concurrent state sentences later imposed thus common sense requires us reject purely literal reading text question arises better two plausible nonliteral readings term term imprisonment narrowed reading cover term imprisonment already imposed government argues federal term imprisonment respondent contends three reasons think likely congress intended latter interpretation first borders irrational assume congress actually intend severity defendant punishment case kind turn happenstance whether state federal prosecution concluded first defendant reading statute avoids anomaly second amended prohibit concurrent sentences see title ii omnibus crime control act stat prohibition applied federal sentence imposed underlying offense congress amended statute broaden prohibition beyond underlying offense said nothing state sentences congress intended amendment apply state well federal sentences think mention important change legislative history furthermore amendment part general revision sentencing laws sought achieve uniformity predictability federal sentencing see sentencing reform act stat et seq anomaly government reading authorizes inconsistent basic uniformity theme legislation finally context relevant language appears concerned entirely federal sentencing indeed word used earlier section unquestionably meaning federal given government recognition fact completely literal reading untenable fact offers nothing dictionary definition word support result think wiser course interpret word prohibition concurrent sentences meaning word first used statute accordingly respectfully dissent footnotes reply brief tr oral arg case construction legislative language makes sweeping relatively unorthodox change made think judges well detectives may take consideration fact watchdog bark night harrison ppg industries rehnquist dissenting first sentence word expressly confined federal prosecutions word used second time describe provision law quite obvious embraces provisions federal law even though limitation implicit rather explicit nowhere explicit reference state law state sentences