argued
october
decided
february
sentencing
reform
act
reform
act
eliminated
special
parole
supervised
parole
commission
drug
offenders
incarceration
established
conditions
new
system
supervised
release
overseen
sentencing
however
supervised
release
provisions
effective
date
delayed
november
october
abuse
act
adaa
enacted
sets
minimum
maximum
sentences
mandates
terms
supervised
release
certain
drug
offenses
adaa
sections
specified
november
effective
date
petitioner
convicted
inter
alia
offenses
applies
occurred
adaa
enactment
effective
date
reform
act
supervised
release
provisions
district
sentenced
concurrent
prison
terms
imposed
concurrent
terms
special
parole
offense
ruling
congress
intended
parole
imposed
cases
offenses
committed
interim
adaa
enactment
november
rejecting
petitioner
argument
supervision
appropriate
offenses
committed
time
appeals
vacated
sentence
holding
plain
language
required
petitioner
sentenced
terms
supervised
release
rather
special
parole
held
supervised
release
applies
drug
offenses
categories
specified
adaa
committed
adaa
enacted
november
pp
section
contains
provision
effective
date
therefore
took
effect
date
enactment
clear
direction
contrary
congress
whose
silence
contrasts
expression
effective
dates
adaa
sections
nothing
congress
apparent
purpose
enacting
rectify
error
controlled
substances
act
required
supervised
release
drug
offenders
rebuts
presumption
arguing
congress
must
intended
postpone
penalty
provisions
order
avoid
creating
conflict
effective
november
authorize
shorter
sentences
certain
offenders
cooperate
government
since
mandatory
minimum
sentence
requirements
otherwise
eliminate
possibility
shorter
sentences
offenses
committed
interim
period
petitioner
mistaken
congress
corrected
problems
december
permitting
departures
mandatory
minimum
sentences
cooperating
defendants
whose
offenses
committed
november
move
explained
congress
believed
mandatory
penalties
gone
effect
adaa
date
enactment
also
rejected
petitioner
argument
delayed
implementation
provides
references
special
parole
controlled
substances
act
changed
supervised
release
delayed
effect
supervised
release
provisions
since
specific
provision
controls
one
general
application
made
change
special
parole
supervised
release
independent
general
provision
apply
moreover
unlikely
congress
intended
delay
provisions
pp
term
supervised
release
defined
enacted
yet
effective
reform
act
rather
adaa
mean
term
used
adaa
significance
november
uncommon
refer
related
legislative
enactments
interpreting
specialized
statutory
terms
device
whose
utility
defeated
fact
act
referred
yet
effective
time
adaa
enacted
reform
act
weight
dignity
deliberate
considered
enactment
congress
presented
approved
president
reasonable
assume
congress
passed
adaa
knew
full
definition
supervised
release
existed
reform
act
legislated
reference
also
possible
congress
knowing
unlikely
anyone
committing
drug
offense
interim
period
released
custody
november
concluded
cases
reform
act
effective
time
district
began
duties
supervised
release
program
section
plain
language
also
forecloses
possibility
rules
governing
special
parole
apply
crimes
committed
interim
period
pp
absence
effective
date
provision
create
ambiguity
calling
invocation
rule
lenity
may
created
minor
inconsistencies
statutory
provisions
supervision
provisions
ambiguous
pp
kennedy
delivered
opinion
unanimous
peter
goldberger
appointment
post
argued
cause
petitioner
briefs
pamela
wilk
amy
wax
argued
cause
pro
hac
vice
brief
solicitor
general
starr
acting
assistant
attorney
general
mueller
deputy
solicitor
general
bryson
richard
friedman
justice
kennedy
delivered
opinion
case
presents
problem
interpretation
federal
drug
enforcement
laws
reference
method
monitoring
known
supervised
release
drug
offenders
sentenced
prison
required
serve
terms
special
parole
following
incarceration
sentencing
reform
act
eliminated
special
parole
place
established
conditions
new
system
supervised
release
ensure
orderly
implementation
change
congress
delayed
effective
date
sentencing
reform
act
supervised
release
provisions
november
year
date
however
congress
enacted
abuse
act
adaa
mandates
terms
supervised
release
certain
drug
offenses
case
consider
whether
adaa
supervised
release
requirements
apply
offenses
committed
interim
period
adaa
enacted
sentencing
reform
act
provisions
supervised
release
became
effective
petitioner
moshe
convicted
one
count
participation
conspiracy
distribute
excess
kilogram
heroin
counts
distributing
grams
heroin
possession
intent
distribute
excess
one
kilogram
heroin
substantive
offenses
occurred
february
nearly
four
months
adaa
enactment
eight
months
november
effective
date
sentencing
reform
act
provisions
supervised
release
following
remand
third
circuit
reasons
issue
see
levy
en
banc
district
sentenced
petitioner
years
conspiracy
count
concurrent
sentences
substantive
offenses
sentencing
hearing
government
petitioner
disagreed
whether
form
supervision
required
petitioner
substantive
offenses
issue
issue
case
us
interpretation
adaa
codified
supp
iv
although
adaa
specifies
term
supervised
release
government
argued
district
term
special
parole
required
according
government
directs
drug
offenders
receive
supervision
drug
offenders
sentenced
special
parole
adaa
enacted
congress
intended
special
parole
imposed
interim
effective
date
sentencing
reform
act
november
petitioner
contending
congress
intended
delay
effective
date
adaa
supervised
release
provisions
argued
form
supervision
appropriate
adaa
offenses
committed
prior
november
district
accepted
government
position
imposed
concurrent
terms
special
parole
petitioner
substantive
offenses
third
circuit
vacated
sentence
remanded
holding
plain
language
petitioner
sentenced
two
terms
supervised
release
rather
special
parole
according
third
circuit
supervised
release
provisions
became
effective
adaa
date
enactment
october
apply
offenses
committed
date
split
among
courts
appeals
appropriate
form
supervision
interim
period
question
granted
certiorari
affirm
ii
first
trace
detail
relevant
statutory
history
federal
drug
enforcement
penalty
scheme
federal
sentencing
general
begin
controlled
substances
act
tit
ii
stat
codified
first
enacted
subjected
offenders
involved
manufacture
distribution
schedule
ii
narcotic
substances
including
heroin
maximum
years
imprisonment
prison
sentence
imposed
mandatory
term
special
parole
special
parole
period
supervision
served
upon
completion
prison
term
administered
parole
commission
bifulco
see
ed
repealed
tit
ii
stat
part
larger
bill
congress
enacted
two
statutes
altered
penalty
schemes
federal
drug
offenders
controlled
substances
penalties
amendments
act
tit
ii
ch
stat
sentencing
reform
act
tit
ii
ch
ii
stat
controlled
substances
penalties
amendments
act
increased
maximum
prison
terms
available
controlled
substances
act
offenses
involving
large
quantities
narcotic
substances
years
provide
term
special
parole
offenses
supp
ii
persons
convicted
crimes
involving
lesser
amounts
narcotic
nonnarcotic
substances
remained
subject
penalties
applicable
offenses
committed
amendments
including
special
parole
thus
increasing
maximum
terms
imprisonment
narcotics
offenses
amendments
created
peculiar
situation
offenders
subject
special
parole
offenders
concurrent
increases
maximum
penalties
narcotics
offenses
sentencing
reform
act
modified
penalty
scheme
federal
drug
offenders
deleting
remaining
references
special
parole
version
controlled
substances
act
modification
become
effective
november
change
reflected
congress
desire
eliminate
forms
parole
replace
new
system
supervised
release
sentencing
reform
act
provisions
supervised
release
sentencing
rather
parole
commission
oversee
defendant
monitoring
see
terminate
extend
alter
conditions
term
supervised
release
prior
expiration
event
violation
supervised
release
order
hold
defendant
contempt
decided
upon
supervised
release
preferred
means
monitoring
congress
nevertheless
decided
defer
application
drug
offenses
although
sentencing
reform
act
established
conditions
supervised
release
although
act
took
step
eliminating
references
special
parole
drug
offenses
congress
take
final
step
requiring
supervised
release
persons
sentenced
controlled
substances
act
step
taken
two
years
later
congress
enacted
adaa
stat
adaa
redefined
expanded
offense
categories
codified
increased
maximum
penalties
set
minimum
penalties
many
offenders
adaa
created
new
drug
penalty
classification
offenses
involving
certain
narcotics
petitioner
trafficking
one
kilogram
heroin
offenders
narcotics
crimes
congress
authorized
sentences
years
life
imprisonment
supp
iv
violations
involving
grams
one
kilogram
heroin
congress
authorized
sentences
years
imprisonment
violations
involving
schedule
ii
substances
subject
maximum
years
imprisonment
penalties
drug
offenses
remained
mostly
unchanged
including
mandatory
special
parole
offenses
involving
relatively
small
amounts
marijuana
hashish
house
senate
versions
adaa
original
forms
also
required
special
parole
terms
imposed
part
package
penalties
major
narcotics
offenses
see
sess
sess
bills
special
parole
provisions
become
effective
immediately
apply
effective
date
new
federal
sentencing
system
november
date
house
bill
provided
repeal
special
parole
provisions
senate
bill
provided
references
special
parole
changed
supervised
release
see
house
bill
senate
bill
neither
alternatives
adopted
however
instead
final
stages
legislative
process
without
explanation
congress
substituted
words
supervised
release
words
special
parole
whenever
latter
term
appeared
see
enacted
congress
adaa
provides
relevant
part
sentence
subparagraph
shall
absence
prior
conviction
impose
term
supervised
release
least
years
addition
term
imprisonment
shall
prior
conviction
impose
term
supervised
release
least
years
addition
term
imprisonment
person
sentenced
subparagraph
shall
eligible
parole
term
imprisonment
imposed
therein
absence
express
deferral
adaa
effective
date
coupled
delayed
effective
date
sentencing
reform
act
provisions
governing
supervised
release
created
conflict
interpretation
among
courts
appeals
persons
affected
interpretive
problem
whose
offenses
occurred
october
date
adaa
signed
law
november
effective
date
sentencing
reform
act
provisions
supervised
release
majority
courts
appeals
hold
district
case
sentencing
courts
may
impose
supervised
release
crimes
committed
november
instead
require
imposition
terms
special
parole
third
circuit
reversing
district
held
supervised
release
applies
offenses
occurred
october
four
circuits
accept
position
least
part
government
supports
third
circuit
view
petitioner
still
insists
congress
intended
form
supervision
offenses
committed
november
consider
interpretations
accords
congressional
intent
iii
well
established
absent
clear
direction
congress
contrary
law
takes
effect
date
enactment
see
robertson
bradbury
arnold
cranch
see
also
singer
sutherland
statutory
construction
sands
rev
ed
find
contrary
direction
language
evident
purpose
turning
first
text
statute
note
like
many
congressional
enactments
contains
provision
effective
date
effective
date
specified
adaa
whole
congress
silence
regard
contrasts
express
effective
date
provisions
discrete
sections
adaa
see
congress
includes
particular
language
one
section
statute
omits
another
section
act
generally
presumed
congress
acts
intentionally
purposely
disparate
inclusion
exclusion
russello
internal
quotations
omitted
see
general
motors
anything
discern
congress
purpose
enacting
rebut
presumption
became
effective
discussed
controlled
substances
penalties
amendments
act
inexplicably
mandated
supervision
many
drug
offenders
exempted
narcotics
offenders
see
supra
section
removed
disparity
mandated
supervision
schedule
ii
drug
offenders
given
apparent
purpose
legislation
rectify
earlier
mistake
seems
unlikely
congress
intended
effective
date
time
date
enactment
petitioner
asks
us
look
provisions
adaa
find
congress
intent
first
contends
congress
must
intended
postpone
penalty
provisions
supervised
release
provisions
november
done
otherwise
created
anomalies
sections
specifying
effective
date
november
authorize
shorter
sentences
certain
offenders
cooperate
government
according
petitioner
became
effective
upon
enactment
possibility
sentences
mandatory
minimum
offenses
committed
period
october
november
even
though
defendant
otherwise
qualified
exception
petitioner
argument
rejected
every
appeals
consider
likewise
reject
petitioner
correct
created
minor
anomalies
congress
recognized
potential
problems
fixed
december
congress
enacted
legislation
ensuring
provisions
permitting
departures
mandatory
minimum
sentences
cooperating
defendants
apply
offenses
committed
november
see
sentencing
act
stat
corrective
statute
explained
congress
believed
mandatory
minimum
penalties
gone
effect
adaa
date
enactment
october
course
view
later
congress
establish
definitively
meaning
earlier
enactment
persuasive
value
bell
new
jersey
believe
congress
later
enactment
weighs
petitioner
favored
reading
statute
petitioner
next
argues
even
adaa
generally
became
effective
date
enactment
read
delayed
effective
date
provision
adaa
delaying
effective
date
supervised
release
provisions
adaa
well
adaa
provides
remaining
references
special
parole
controlled
substances
act
changed
supervised
release
amendments
made
section
take
effect
november
plain
meaning
section
refers
entire
adaa
even
one
title
chapter
enactment
rather
refers
general
provision
intended
amend
provisions
controlled
substances
act
retained
term
special
parole
november
made
change
special
parole
supervised
release
independent
adaa
general
provision
including
section
delayed
effective
date
apply
specific
provision
controls
one
general
application
crawford
fitting
gibbons
doubt
moreover
congress
intend
delay
provisions
supervised
release
make
provisions
effective
determining
meaning
statute
look
particular
statutory
language
design
statute
whole
object
policy
crandon
section
grouped
adaa
penalty
provisions
imprisonment
fines
supervised
release
single
paragraph
new
offense
levels
established
supp
iv
unlikely
third
part
penalty
scheme
postponed
year
first
two
took
effect
based
review
adaa
say
congress
gave
clear
direction
delay
effective
date
supervised
release
provisions
reviewed
language
structure
adaa
consider
effect
sentencing
reform
act
provisions
imposing
revoking
supervised
release
petitioner
argues
provisions
become
effective
november
term
supervised
release
used
adaa
significance
date
courts
power
impose
agree
supervised
release
unique
method
supervision
invented
congress
series
sentencing
reforms
including
drug
offenders
power
duty
impose
supervised
release
explicit
adaa
enacted
definition
term
supervised
release
set
forth
adaa
set
forth
enacted
though
yet
effective
sentencing
reform
act
early
uncommon
refer
related
legislative
enactments
interpreting
specialized
statutory
terms
see
oscar
mayer
evans
kokoszka
belford
northcross
memphis
bd
education
act
referred
later
effective
date
defeat
utility
interpretational
device
courts
may
refer
enacted
yet
effective
legislation
interpret
statutory
terms
legislature
intends
reference
time
adaa
enacted
sentencing
reform
act
though
scheme
yet
operational
weight
dignity
deliberate
considered
enactment
congress
presented
approved
president
sentencing
reform
act
origin
specialized
term
supervised
release
adaa
used
term
legislating
upon
subject
matter
reasonable
assumption
congress
adopted
adaa
used
term
supervised
release
knew
full
definition
existing
sentencing
reform
act
legislated
reference
see
morissette
plausible
explanation
disjunction
statutes
class
defendants
involved
committed
drug
offenses
october
november
great
majority
cases
including
case
review
likely
offender
released
custody
november
date
draftsman
might
well
concluded
cases
sentencing
reform
act
effective
time
district
begin
exercise
duties
supervised
release
procedures
see
slawsky
looking
law
fed
probation
june
reaching
conclusion
also
reject
holdings
district
courts
appeals
statutory
provision
imposing
revoking
supervised
release
go
effect
november
rules
governing
special
parole
apply
crimes
committed
interim
period
date
plain
language
forecloses
result
see
hallstrom
tillamook
county
admittedly
statutory
scheme
might
appeared
logical
congress
made
last
minute
switch
special
parole
supervised
release
however
justify
ignoring
congress
mandate
term
supervised
release
specific
meaning
reason
doubt
congress
used
term
knowing
differs
term
special
parole
intent
sentencing
courts
follow
direction
statute
hold
offenses
committed
interim
period
october
november
supervised
release
applies
drug
offenses
categories
specified
adaa
finally
petitioner
invokes
rule
lenity
contending
absence
effective
date
provision
adaa
creates
ambiguity
must
construed
favor
see
bifulco
lewis
believe
however
rule
lenity
applies
rule
comes
operation
end
process
construing
congress
expressed
beginning
overriding
consideration
lenient
wrongdoers
callanan
applying
principles
statutory
construction
concluded
congress
use
plain
language
intended
narcotics
offenders
receive
supervised
release
crimes
committed
october
november
may
created
minor
inconsistencies
statutory
provisions
provisions
supervision
ambiguous
case
involves
ambiguity
rule
lenity
resolve
reasons
set
forth
judgment
appeals
affirmed
ordered
footnotes
statutes
enacted
part
comprehensive
crime
control
act
tit
ii
stat
lengthy
piece
legislation
brought
significant
revisions
many
aspects
federal
criminal
justice
system
including
forfeiture
bail
procedures
treatment
juvenile
mentally
ill
defendants
drug
offenses
controlled
substances
penalties
amendments
act
included
involving
grams
heroin
one
kilogram
cocaine
grams
lsd
see
supp
ii
enacted
sentencing
reform
act
provided
elimination
special
parole
terms
take
place
november
effective
date
amendments
however
many
sentencing
reform
act
key
provisions
delayed
november
see
sentencing
reform
amendments
act
stat
adaa
prescribed
equivalent
thresholds
mixture
substance
containing
detectable
amount
illicit
narcotics
kilograms
cocaine
grams
cocaine
base
grams
phencyclidine
pcp
grams
lsd
grams
propanamide
kilograms
marijuana
see
equivalent
thresholds
adaa
mixtures
substances
grams
cocaine
grams
cocaine
base
grams
pcp
grams
pure
gram
lsd
grams
propanamide
kilograms
marijuana
see
mercado
per
curiam
whitehead
cert
denied
byrd
paiz
portillo
per
curiam
levario
smith
cert
denied
see
brundage
app
figueroa
blackmon
torres
per
curiam
cert
denied
cf
ferryman
persons
sentenced
receive
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parole
offenses
committed
prior
november
see
brundage
supra
charleus
levy
duprey
cert
denied
padilla
cert
denied
sub
nom
percheitte
meyers
garcia
sections
supp
iv
example
petitioner
contends
congress
switch
special
parole
supervised
release
created
inconsistencies
penalty
provisions
controlled
substances
act
specifically
prohibits
distribution
drugs
minors
prohibits
distribution
drugs
within
feet
school
offenses
committed
prior
november
provide
special
parole
terms
multiples
authorized
section
type
quantity
drug
petitioner
notes
defendants
charged
crimes
committed
october
november
receive
terms
supervised
release
special
parole
enhancement
provisions
sections
might
apply
assuming
without
deciding
petitioner
correct
minor
inconsistencies
nevertheless
sufficient
overcome
strong
presumption
favor
october
effective
date
congress
possible
lack
attention
collateral
effects
change
special
parole
supervised
release
justify
disregard
change