batchelder argued april decided june respondent found guilty violating part title iv omnibus crime control safe streets act act provision prohibits previously convicted felons receiving firearm traveled interstate commerce district sentenced respondent five years imprisonment maximum term authorized violation appeals affirmed conviction remanded resentencing noting substantive elements app contained title vii act identical applied convicted felon unlawfully receives firearm interpreted act allow maximum sentence provided held defendant convicted violating properly sentenced even though conduct also violates pp nothing language structure legislative history act suggests overlap defendant convicted may imprisoned maximum term specified rather substantive statute conjunction sentencing provision operates independently pp appeals erroneously relied three principles statutory interpretation construing override penalties authorized doctrine ambiguities criminal statutes must resolved favor lenity applicable since ambiguity resolve interpreted implicitly repealing whenever defendant conduct might violate sections legislative intent repeal must manifest positive repugnancy provisions borden case penalty provisions fully capable coexisting apply convictions different statutes finally maxim statutes construed avoid constitutional questions offers assistance since principle applies alternative interpretation fairly possible language statute simply basis act reading term five mean two pp statutory provisions issue void vagueness unambiguously specify activity proscribed penalties available upon conviction although statutes create uncertainty crime may charged therefore penalties may imposed greater extent single statute authorizing alternative punishments long overlapping criminal provisions clearly define conduct prohibited punishment authorized notice requirements due process clause satisfied statutes unconstitutional equal protection component due process clause fifth amendment theory allow prosecutor unfettered discretion selecting two penalties apply prosecutor discretion choose unfettered selectivity enforcement criminal laws subject constitutional constraints whether prosecute charge file bring grand jury decisions generally rest prosecutor discretion defendant constitutional right elect two applicable federal statutes shall basis indictment prosecution neither entitled choose penalty scheme sentenced pp statutes unconstitutional impermissibly delegating executive branch legislature responsibility fix criminal penalties clearly informed courts prosecutors defendants permissible punishment alternatives available statute congress fulfilled duty pp marshall delivered opinion unanimous andrew levander argued cause pro hac vice brief solicitor general mccree assistant attorney general heymann deputy solicitor general frey sidney glazer frank marine charles bellows argued cause respondent brief jason bellows carole bellows justice marshall delivered opinion issue case two overlapping provisions omnibus crime control safe streets act omnibus act prohibit convicted felons receiving firearms authorizes different maximum penalties must determine whether defendant convicted offense carrying greater penalty may sentenced lenient provision conduct violates statutes respondent previously convicted felon found guilty receiving firearm traveled interstate commerce violation district sentenced five years imprisonment maximum term authorized violation appeals affirmed conviction divided vote remanded resentencing majority recognized respondent indicted convicted permits five years imprisonment violations however noting substantive elements app identical applied convicted felon unlawfully receives firearm interpreted omnibus act allow maximum sentence provided holding appeals relied three principles statutory construction view arguably contradict ory penalty provisions similar conduct inconclusive legislative history raised doubt whether congress intended two penalty provisions first applied doctrine ambiguities criminal legislation resolved favor defendant second determined since congress last word issue penalty may implicitly repealed punishment provisions acknowledging first two principles applied facts without difficulty majority also invoked maxim possible interpret statute avoid constitutional questions reasoned prosecutor power select one two statutes identical except penalty provisions implicated important constitutional protections dissent found basis omnibus act legislative history engrafting penalty provisions onto relying long line cases hold act may violate one criminal statute government may elect prosecute either even defendant risks harsher penalty long prosecutor discriminate class defendants dissent concluded statutory scheme constitutional granted certiorari reverse judgment vacating respondent prison sentence ii previously noted partial redundancy conduct proscribe individuals reach see bass however find nothing language structure legislative history omnibus act suggest overlap defendant convicted may imprisoned maximum term specified read act substantive statute conjunction sentencing provision operates independently section contained title iv omnibus act prohibits four categories individuals receiving firearm ammunition shipped transported interstate foreign commerce see supra persons violate title iv subject penalties provided authorizes maximum fine imprisonment five years see supra section located title vii omnibus act forbids five categories individuals receiv ing possess ing transport ing commerce affecting commerce firearm section authorizes maximum fine imprisonment two years see supra prohibit convicted felons petitioner receiving firearms title unambiguously specifies penalties available enforce substantive proscriptions section applies without exception hoever violates provision title iv patently provision see ch stat similarly title vii substantive prohibitions penalties enumerated penalty scheme encompasses criminal prosecutions brought provision face statutes thus establish alone delimits appropriate punishment violations congress intended enact two independent gun control statutes fully enforceable terms confirmed legislative history omnibus act section derived federal firearms act stat act stat authorized maximum prison term title iv omnibus act merely recodified modification carefully constructed package gun control legislation existence many years scarborough see bass supra contrast title vii floor amendment hastily passed little discussion hearings report bass supra see scarborough supra meager legislative debates involving amendment demonstrate intention alter terms title iv immediately senate passed title vii senator dodd inquired whether substitute title iv cong rec senator long sponsor amendment replied take nothing merely add title iv cong rec similarly although title vii received passing mention house discussions bill representative machen made clear amendment complement legislation contained title iv legislators intended title iv cases overlap presumably indicated purpose title vii complement title iv see scarborough supra discussions together language structure omnibus act evince congress clear understanding two titles applied independently construing override penalties authorized appeals relied believe erroneously three principles statutory interpretation first invoked doctrine ambiguities criminal statutes must resolved favor lenity rewis bass culbert naftalin dunn ante although principle construction applies sentencing well substantive provisions see simpson instant case ambiguity resolve respondent unquestionably violated unquestionably permits five years imprisonment violation provides different penalties essentially conduct justification taking liberties unequivocal statutory language see barrett express terms limits penalty scheme exclusively convictions obtained provision congress conveyed purpose clearly decline manufacture ambiguity none exists culbert supra interpreted implicitly repealing whenever defendant conduct might violate titles enough show two statutes produce differing results applied factual situation radzanower touche ross rather legislative intent repeal must manifest positive repugnancy provisions borden case however penalty provisions fully capable coexisting apply convictions different statutes finally maxim statutes construed avoid constitutional questions offers assistance cardinal principle statutory construction appropriate alternative interpretation fairly possible language statute swain pressley see crowell benson sullivan shapiro simply unable discern basis omnibus act reading term five mean two iii resolving statutory question majority expressed serious doubts constitutionality two statutes provide different penalties identical conduct omitted specifically suggested statutes might void vagueness implicate due process equal protection interest avoiding excessive prosecutorial discretion obtaining equal justice constitute impermissible delegation congressional authority find constitutional infirmities fundamental tenet due process one may required peril life liberty property speculate meaning penal statutes lanzetta new jersey criminal statute therefore invalid fails give person ordinary intelligence fair notice contemplated conduct forbidden harriss see connally general construction papachristou jacksonville dunn ante vague sentencing provisions may pose constitutional questions state sufficient clarity consequences violating given criminal statute see evans brown cf giaccio pennsylvania provisions issue however unambiguously specify activity proscribed penalties available upon conviction see supra particular conduct may violate titles detract notice afforded although statutes create uncertainty crime may charged therefore penalties may imposed greater extent single statute authorizing various alternative punishments long overlapping criminal provisions clearly define conduct prohibited punishment authorized notice requirements due process clause satisfied long recognized act violates one criminal statute government may prosecute either long discriminate class defendants see beacon brass rosenberg clark concurring joined five members oyler boles sec national securities naftalin whether prosecute charge file bring grand jury decisions generally rest prosecutor discretion see confiscation cases wall nixon bordenkircher hayes appeals acknowledged settled rule allowing prosecutorial choice nevertheless relying dissenting opinion berra distinguished overlapping statutes identical standards proof provisions vary particular view two statutes prohibit exactly conduct prosecutor selection two penalties apply unfettered prosecutorial discretion produce unequal justice expressed doubt form legislative redundancy constitutional find analysis factually legally unsound contrary appeals assertions prosecutor discretion choose unfettered selectivity enforcement criminal laws course subject constitutional constraints decision proceed empower government predetermine ultimate criminal sanctions rather merely enables sentencing judge impose longer prison sentence permit precludes imposing greater fine authorized importantly appreciable difference discretion prosecutor exercises deciding whether charge one two statutes different elements discretion exercises choosing one two statutes identical elements former situation determines proof support conviction either statute decision indistinguishable one faces latter context prosecutor may influenced penalties available upon conviction fact standing alone give rise violation equal protection due process clause cf rosenberg supra clark concurring oyler boles supra defendant constitutional right elect two applicable federal statutes shall basis indictment prosecution neither entitled choose penalty scheme sentenced see art ii nixon supra approaching problem prosecutorial discretion slightly different perspective appeals postulated statutes might impermissibly delegate executive branch legislature responsibility fix criminal penalties see hudson cranch grimaud evans agree provisions issue plainly demarcate range penalties prosecutors judges may seek impose light specificity power congress delegated officials broader authority routinely exercise enforcing criminal laws informed courts prosecutors defendants permissible punishment alternatives available title congress fulfilled duty see evans supra accordingly judgment appeals reversed footnotes pertinent part provides shall unlawful person indictment convicted crime punishable imprisonment term exceeding one year fugitive justice unlawful user addicted marihuana depressant stimulant drug narcotic drug adjudicated mental defective committed mental institution receive firearm ammunition shipped transported interstate foreign commerce title provides relevant part whoever violates provision chapter shall fined imprisoned five years shall become eligible parole board parole shall determine section person convicted state political subdivision thereof felony discharged armed forces dishonorable conditions adjudged state political subdivision thereof mentally incompetent citizen renounced citizenship alien illegally unlawfully receives possesses transports commerce affecting commerce date enactment act firearm shall fined imprisoned two years app even case convicted felons however two statutes coextensive example title vii defines felony offense punishable imprisonment term exceeding one year include offense one involving firearm explosive classified misdemeanor laws state punishable term imprisonment two years less app federal state offenses pertaining antitrust violations unfair trade practices restraints trade similar offenses relating regulation business practices state offense one involving firearm explosive classified laws state misdemeanor punishable term imprisonment two years less four months enacting omnibus act congress amended titles iv vii part gun control act stat latter act also treats provisions titles iv vii independent title gun control act amended title iv compare stat stat title iii gun control act amended title vii compare stat stat accompanying legislative reports nowhere indicate sentencing scheme govern convictions see conf anomalies created appeals decision suggest congress must intended penalties specified apply violations example person received firearm indictment murder subject five years imprisonment since includes indictment felony received firearm conviction however term imprisonment exceed two years similarly alone proscribes receipt ammunition felon obtained single bullet receive sentence receipt firearm punishable two years imprisonment addition appeals analysis leaves uncertain result obtain sentencing judge wished impose maximum prison sentence maximum fine conduct violative titles doctrine lenity suggest maximum maximum apply however doctrine implied repeal controls arguably fine authorized imposed violation see infra berra involved two tax evasion statutes interpreted proscribing identical conduct defendant charged convicted felony provision argued jury instructed misdemeanor offense well rejected contention refused consider whether defendant sentence invalid excess maximum authorized misdemeanor statute dissent urged permitting prosecutor control whether particular act punished misdemeanor felony raised serious constitutional questions equal protection clause prohibits selective enforcement based upon unjustifiable standard race religion arbitrary classification oyler boles respondent allege prosecution motivated improper considerations