bifulco argued february decided june section comprehensive drug abuse prevention control act act provides ny person attempts conspires commit offense defined title punishable imprisonment fine may exceed maximum punishment prescribed offense commission object attempt conspiracy target offense petitioner others convicted violating conspiring violate act knowingly manufacturing distributing possessing controlled substance accordance provisions prescribing penalties violations petitioner sentenced term imprisonment fine special parole term served upon completion term imprisonment appeals affirmed petitioner conviction thereafter filed action vacate sentence claiming sentence unlawful authorize imposition special parole term district held petitioner properly sentenced appeals affirmed held section act authorize imposition special parole term even though sanction included within penalty provision target offense pp plain meaning interpretation term imprisonment support position term means term incarceration plus special parole made applicable target offense penalty provisions moreover structure act read whole supports conclusion defines types punishment authorized conspirators imprisonment fine sets maximum limits sanctions reference penalty provisions target offense incorporate reference provisions special parole pp act legislative history demonstrate congress intended penalties authorized substantive offenses conspiracies commit identical thus authorizing special parole terms conspiracy convictions instead history supports view authorizes two types sanctions fines imprisonment fixes maximum amount may imposed reference target offense penalty provisions pp reading include special parole provisions target offenses supported ground congress principal objective enacting act penalty provisions deter professional criminals engaging drug trafficking profit renders unreasonable ascribe congress intent authorize special parole isolated substantive offenses withholding sentencing tool conspiracies comparison drug offenses congress clearly authorized special parole terms clearly reveal coherent pattern based asserted justification escalated sanctions moreover since deals conspiracies attempts prescribes identical range punishment surprising congress provide less stringent sanctions imposed violations completed substantive offense pp blackmun delivered opinion burger brennan stewart marshall powell joined burger filed concurring opinion post stevens filed dissenting opinion white rehnquist joined post steven lloyd barrett appointment argued cause petitioner briefs william hellerstein phylis skloot bamberger harlon dalton argued cause brief solicitor general mccree assistant attorney general heymann deputy solicitor general frey john de pue justice blackmun delivered opinion issue presented case whether comprehensive drug abuse prevention control act act stat authorizes sentencing impose term special parole upon defendant convicted conspiracy manufacture distribute controlled substance section provides person attempts conspires commit offense defined title punishable imprisonment fine may exceed maximum punishment prescribed offense commission object attempt conspiracy except authorized title shall unlawful person knowingly intentionally manufacture distribute dispense possess intent manufacture distribute dispense controlled substance create distribute dispense possess intent distribute dispense counterfeit substance except otherwise provided section deals distribution minors person violates subsection section shall sentenced follows case controlled substance schedule ii narcotic drug case controlled substance schedule iii person shall sentenced term imprisonment years fine person commits violation one prior convictions offense punishable paragraph felony provision title title iii law relating narcotic drugs marihuana depressant stimulant substances become final person shall sentenced term imprisonment years fine sentence imposing term imprisonment paragraph shall absence prior conviction impose special parole term least years addition term imprisonment shall prior conviction impose special parole term least years addition term imprisonment special parole term imposed section section may revoked terms conditions violated circumstances original term imprisonment shall increased period special parole term resulting new term imprisonment shall diminished time spent special parole person whose special parole term revoked may required serve part remainder new term imprisonment special parole term provided section section shall addition lieu parole provided law ii indictment filed december district eastern district new york petitioner alphonse bifulco others charged single count conspiring violate knowingly intentionally manufacturing distributing possessing substantial quantities phencyclidine schedule iii controlled substance conspiracy charged violation jury found petitioner several codefendants guilty offense charged petitioner sentenced term imprisonment fine special parole term appeals second circuit subsequently affirmed petitioner conviction unpublished order january petitioner pursuant filed pro se motion vacate sentence claimed sentence unlawful authorize imposition special parole term served upon completion term imprisonment district held petitioner properly sentenced dismissed complaint app appeal second circuit affirmed per curiam opinion followed two courts appeals held authorizes imposition special parole term see burman cert denied jacobson cert denied also relied decision dankert reached similar result respect closely analogous sentencing provisions act proscribing conspiracy import controlled substance shortly second circuit decision case appeals third circuit reached opposite conclusion issue held special parole term may imposed mearns supp del cert pending granted certiorari resolve conflict among courts appeals iii government recognizes brief examination meaning must informed policy expressed rule lenity past cases made clear principle statutory construction applies interpretations substantive ambit criminal prohibitions also penalties impose see batchelder simpson opinion ladner rule policy lenity means interpret federal criminal statute increase penalty places individual interpretation based guess congress intended see whalen simpson emphasized touchstone rule lenity statutory ambiguity see lewis congress manifested intention may manufacture ambiguity order defeat intent government argues uncertainty congress intent authorize special parole term penalty conspiracy offense whenever penalty authorized offense target conspiracy advancing argument focuses language structure legislative history motivating policies act examine three factors turn language structure act several reviewing courts adopted view special parole term specified necessarily included within term imprisonment appended see jacobson thus congress stated person guilty attempt conspiracy punishable imprisonment meant include within term imprisonment special parole term made applicable penalty provisions substantive offense argument persuasive however special parole authorized substantive offenses refers therefore imprisonment within meaning always include special parole period supervision served upon completion prison term special parole also functionally distinct incarceration finally penalty provisions substantive offenses authorize special parole terms reflect functional dichotomy section example twice provides special parole term years imposed addition term imprisonment emphasis added agree therefore conclusion courts rejected argument imprisonment plainly means term incarceration plus special parole see jacquinto supp ed faced obstacles government rely solely plain meaning interpretation term imprisonment thus principal argument government asks take broader view relationship penalty provisions substantive offenses conclude structure act viewed whole creates inference incorporates reference substantive penalty provisions government contends language statute supports reading authorizes penalties may exceed maximum punishment prescribed offense commission object attempt conspiracy argument wholly without force ignores immediately preceding words state ny person attempts conspires commit offense defined title punishable imprisonment fine emphasis added petitioner argues defines types punishment authorized conspirators imprisonment fine sets maximum limits sanctions reference penalty provisions target offense petitioner reading language sentencing scheme proposes less plausible government moreover petitioner reading finds support structure act read whole section provision act defines sentences reference penalty provisions offenses section act enhances punishment one convicted distributing controlled substance minor provides person least eighteen years age violates section distributing controlled substance person years age punishable term imprisonment fine twice authorized section least twice special parole term authorized section first offense involving controlled substance schedule emphasis supplied proof congress intended special parole imposed certain substantive offenses defined offenses act found defines workings special parole subsection special parole term imposed section section may revoked terms conditions violated emphasis supplied one convicted sentenced conspiracy said sentence imposed legislative history conceding congress draftsmanship enacted may less explicit brief government asks look beyond ambiguous language statute give words fair meaning accord manifest intent lawmakers brown government argues legislative history act demonstrates congress intended penalties authorized substantive offenses conspiracies commit identical true prior act federal narcotics legislation provided congruence sentences authorized substantive violations sentences authorized conspiracies similar congruence feature several bills introduced congress forerunners act special parole term sanction previously unknown administration system criminal justice authorized penalty offense initial proposals special parole concept first presented congress john ingersoll director bureau narcotics dangerous drugs testimony senate subcommittee october see narcotics legislation hearings et al subcommittee investigate juvenile delinquency senate committee judiciary attorney general earlier sought subcommittee approval input justice department penalty structures pending legislation ingersoll presented several alternative penalty schemes subcommittee consideration comments subcommittee concerning special parole provisions entirety follows another requirement included alternative penalty schemes special parole term part illicit trafficking sentence structure incarceration always meaningful answer effective rehabilitation certainly incarceration without adequate supervisory followup release best interest society therefore required special parole term persons sentenced trafficking violations placed supervision period time regardless whether incarcerated sentence probated suspended intent give judges another tool sentencing another means protecting society dealing drug violator judiciary committee analysis noted special parole terms imposed certain substantive offenses respect endeavor conspiracy provision stated section provides person endeavors conspires commit offense defined title may punished imprisonment fine may exceed maximum punishment prescribed offense government argues subcommittee meant include specific reference special parole amended substantive offense sections response ingersoll testimony unexplained reasons however subcommittee neglected make conforming change conspiracy section brief wording judiciary committee analysis however seem indicate awareness unlike subsections amended incorporate concept special parole authorized punishments consisting imprisonment fine support view judiciary committee knew approved may found provisions bill dealt second subsequent offense act doubly enhanced penalties second offenders included within provisions defining sentences individual substantive offenses see quoted supra however contained separate provision set penalties repeat offenders stated person convicted offense act offense second subsequent offense punishable term imprisonment twice authorized twice fine otherwise authorized conviction offense punishable subsection subsection act offender second subsequent offense shall impose addition terms imprisonment fine twice special parole term otherwise authorized reference made special parole provisions senate debates tends confirm conclusion senator dodd subcommittee chairman summarized sentencing provisions follows selling schedule ii narcotics heroin opium draw sentence years possible fine schedules ii iii sales marihuana pep pills like sentence years possible fine exceeding minimum special parole term years required offenses cong rec given scant support legislative history senate bill government position surprising government must place greater reliance events transpired house consideration proposed narcotics legislation similar subject hearings house committee ways means july contained penalty provisions substantially identical see reprinted ways means hearings ingersoll appeared committee ways means testified department justice firm support submitted analysis bill highlighted differences provisions existing federal narcotics legislation ways means hearings analysis described operation special parole terms applicable noted special parole term new program comparable laws force narcotic drug law convictions respect bill conspiracy provision ingersoll analysis stated section provides person may punished endeavoring conspiring commit offense act upon conviction sentence may exceed punishment prescribed offense object attempt conspiracy hearings committee ways means followed earlier hearings conducted house committee interstate foreign commerce latter committee issued house report sess contained additions revisions pertinent sentencing provisions issue pt like senate report house report appears plainly recognize distinction penalties specific substantive offenses authorizing special parole terms conspiracy offense authorizing terms imprisonment fines thus respect direct ancestor present house report analysis section provides person attempts conspires commit offense defined title may punished imprisonment fine may exceed maximum amount set offense commission object attempt conspiracy emphasis supplied conclusion believe rather supporting government argument congress manifested intention authorize special parole terms conspiracy convictions act legislative history supports opposite view hearings debates legislative reports extent congress attention drawn matter members houses explicitly recognized penalty provisions substantive offenses attached mandatory minimum term special parole term imprisonment hand every reference one forerunners stated authorized penalties consisting imprisonment fine failed mention special parole motivating policy government strongly argues finally congress principal objective enacting penalty provisions act deter professional criminals engaging drug trafficking profit render unreasonable ascribe congress intent authorize special parole isolated substantive offenses withholding major sentencing tool conspiracy offenses brief contention unpersuasive two reasons first petitioner points brief petitioner reply brief petitioner comparison drug offenses congress clearly authorized imposition special parole terms clearly reveal coherent pattern based asserted justification escalated sanctions serious offenses measured length term imprisonment severity fine authorize special parole included among available sanctions act continuing criminal enterprise act registrants new act supp ii piperidine offenses thus government argument based congress sentencing objectives prove much second thrust government argument conspiracy engage drug trafficking presents least great threat greater one community isolated act distribution contexts recognized logic view see iannelli premise government contends congress must desired harsh sanctions incorporated within concept special parole unlimited maximum length term grave consequences attending revocation see available judge sentencing drug conspirator government mention however sets identical penalties conspiracies attempts congress dealt forms inchoate crime single provision prescribed identical range punishment person convicted participation major trafficking conspiracy another person convicted unsuccessful attempt manufacture distribute small amount controlled substance one focuses fact penalizes attempts well conspiracies surprising congress provide less stringent sanctions imposed violations provision completed substantive offense indeed ingersoll pointed analysis prior passage act attempt commit substantive drug offense punishable federal narcotics laws ways means hearings iv investigation meaning informed examination language structure history relevant policy considerations yields likely conclusion congress failure specifically authorize imposition special parole terms punishment convicted conspiracy slip legislative pen result inartful draftsmanship conscious irrational legislative choice analysis reveals least complete absence unambiguous legislative decision authorize special parole terms punishment convicted drug conspiracies course extent doubts remain must resolved accord rule lenity construction congress intent evidenced scant record left behind clashes present legislative expectations simple remedy insertion brief appropriate phrase amendment present language congress enact words produce result government seeks case judgment appeals reversed case remanded instructions vacate special parole term imposed upon petitioner ordered footnotes provision amended amendment pertinent issue presented see pub stat supp ii appeals stated petitioner charged two substantive violations addition conspiracy count acquitted substantive charges parties agree however error petitioner charged convicted single conspiracy count brief petitioner brief two courts appeals addition followed second circuit case joined conclusion authorizes imposition special parole term term included penalty provisions target offense see sellers cantu addition number cases appellate courts affirmed convictions defendants sentenced special parole terms without considering question whether special parole authorized example question presented may lingered beneath surface timmreck mearns third circuit followed lead two district opinions addition opinion review holding special parole penalty authorized see jacquinto supp ed fassette supp cd cal cf wells supp sd iowa adopting mearns rationale sentencing pursuant accessories fact drug conspiracy dissent ordinary reading post appears based incomplete reading words conspiracy provision section likewise provides treble enhancement fine term imprisonment minimum length special parole term one convicted second subsequent time distributing controlled substance minor government argues express reference special parole detract view incorporates special parole implication contends necessary congress deal special parole explicitly chose mandate minimum special parole term least twice length term authorized whereas imposes fine imprisonment twice otherwise authorized government argument dispel fact however congress specifically accommodated concept special parole one general provision imposing sentence reference offenses respect adjacent provision government explain specificity instance drafters provision simply looked see sections proposed bill used term special parole inserted section numbers forerunner brief argues course although refer special parole many words incorporate sentencing provisions reject government argument reasons stated text moreover explanation assumes carelessness draftsmanship probably unwarranted see following subparts see ed see reprinted narcotics legislation hearings et al subcommittee investigate juvenile delinquency senate committee judiciary see also reprinted part drug abuse control amendments hearings subcommittee public health welfare house committee interstate foreign commerce chart setting alternative penalty schemes proposed justice department included record hearings held subcommittee public health welfare house committee interstate foreign commerce chart describes penalty provisions favored department attempt conspiracy providing person attempts conspires commit offense act may punished imprisonment fine may exceed maximum punishment proscribed committing offense mention made special parole terms conspiracy context seems therefore inexact draftsmanship government find legislative history attributed solely congress forerunner provided identical penalty scheme first offenders current substantive offense term imprisonment five years fine minimum special parole term addition term imprisonment see section differed use term endeavor rather attempt provided person endeavors conspires commit offense defined title punishable imprisonment fine may exceed maximum punishment prescribed offense commission object endeavor conspiracy identical provision contained forerunner act approved one two house committees conduct hearings proposed narcotics legislation see controlled dangerous substances narcotics drug control laws hearings house committee ways means hereinafter ways means hearings bill eventually passed house sess incorporated enhanced penalties repeat offenders within individual substantive offenses see cong rec house bills discussed government makes argument respect repeat offender provisions makes respect see supra argument persuasive dissent takes us task failing recognize unlikely congress intend directors narcotics distribution business punished less severely subordinates merely peddle poison post even cursory reading act make clear opinion today result sentencing disparity dissent fears section punishment provisions sole sanctions congress enacted apprehended directors organized drug trafficking operations first nothing prevents government prosecuting operators distribution network either principals aiders abettors substantive manufacturing distribution possession offenses pursuant act second significantly congress enacted two special provisions directors large trafficking operations particularly mind sanctions available provisions especially severe see act continuing criminal enterprise act defining special drug offender one might quarrel conclusion congress aware distinction penalty provisions chose include special parole terms among sanctions authorized attempts conspiracies extremely difficult accept government argument congress unambiguously intended contrary result however perhaps best evidenced fact rule lenity mentioned let alone applied lower opinions accepted government position see cases cited supra accompanying text dissenting opinion appear fare little better score chief justice burger concurring question presented case simple easy dissent formulates whether directors narcotics distribution business punished less severely subordinates merely peddle poison none us difficulty decision really issue rather question substantially limited words statute mean course must try discern intent congress perform task beginning ordinary meaning language statute compass read statute reach perceive even think reasonable person perceive sensible result congress must taken word unless assume role statute revisers aaron sec tva hill particularly administration criminal justice badly drawn statute places strains judges see busic larocca decided busic temptation exceed limited judicial role regard sensible thing great takes us slippery slope duty paraphrase justice holmes conversation judge learned hand justice apply law hope justice done spirit liberty papers addresses learned hand dilliard ed without reluctance view underlies opinion join opinion justice stevens justice white justice rehnquist join dissenting directors narcotics distribution business punished less severely subordinates merely peddle poison unlikely congress intended see callanan since ordinary reading comprehensive drug abuse prevention control act implies conspirator may punished severely substantive offender construe statute construction fortified total absence statement legislator suggesting purpose treat conspirators drug trade greater lenity substantive offenders particularly important view fact prior act congress authorized identical penalties conspiracies completed offenses see ante statutory language conveys quite different meaning paused consider narrow issue presented case context larger objectives congress seeking respectfully dissent person attempts conspires commit offense defined title punishable imprisonment fine may exceed maximum punishment prescribed offense commission object attempt conspiracy stat surely reference ante offense attempt cuts way common legislation authorize range punishments attempts substantive offenses see american law institute model penal code prop draft provides part except otherwise provided section attempt solicitation conspiracy crimes grade degree serious offense attempted solicited object conspiracy