lockhart argued november decided march petitioner avondale lockhart pleaded guilty possessing child pornography violation lockhart prior conviction sexual abuse involving adult girlfriend presentence report concluded subject mandatory minimum sentence enhancement provided triggered inter alia prior state convictions crimes relating aggravated sexual abuse sexual abuse abusive sexual conduct involving minor ward lockhart argued limiting phrase involving minor ward applied three state crimes prior conviction trigger enhancement disagreeing district applied mandatory minimum second circuit affirmed held lockhart prior conviction encompassed pp natural reading text supports conclusion rule last antecedent canon statutory interpretation stating limiting clause phrase ordinarily read modifying noun phrase immediately follows barnhart thomas clarifies phrase involving minor ward modifies immediately preceding noun phrase abusive sexual conduct phrases aggravated sexual abuse sexual abuse restricted rule overcome indicia meaning context reinforces application case pp section enhancement also triggered inter alia prior federal sexual abuse offense enumerated chapter federal criminal code interpreting using rule last antecedent headings chapter mirror precisely order precisely divisions nearly precisely words used describe state predicates applying modifier involving minor ward three items list contrast require interpret state predicates way departs federal template congress intended result doubtful congress followed closely structure language chapter pp lockhart counterarguments rejected pp porto rico railway light power mor bass jama immigration customs enforcement require apply lockhart countervailing principle cases simply observed rule may overcome contextual indicia meaning lockhart attempts identify indicia unavailing claims state predicates similar limiting phrase apply equally three transforming list separate predicates set lockhart reading results much redundancy risks running headlong rule superfluity pp lockhart contends existence disparities state federal predicates indicate parity congress concern however construction relies contextual cues particular predicates general assumption congress sought full parity state federal predicates pp provision legislative history hardly speaks clarity purpose universal camera nlrb nothing explain congress wanted structure treat state federal predicates differently pp finally lockhart suggests rule lenity triggered applying principle lead alternative construction rule lenity used resolve ambiguity ordinary canons revealed satisfactory construction however rule last antecedent well supported context lockhart alternative affirmed sotomayor delivered opinion roberts kennedy thomas ginsburg alito joined kagan filed dissenting opinion breyer joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press avondale lockhart petitioner writ certiorari appeals second circuit march justice sotomayor delivered opinion defendants convicted possessing child pornography violation subject mandatory minimum sentence increased maximum sentence prior conviction laws state relating aggravated sexual abuse sexual abuse abusive sexual conduct involving minor ward question us whether phrase involving minor ward modifies items list predicate crimes aggravated sexual abuse sexual abuse abusive sexual conduct one item immediately precedes abusive sexual conduct appeals second circuit joined several courts appeals holding modifies abusive sexual conduct eighth circuit reached contrary result granted certiorari resolve split affirm second circuit holding phrase involving minor ward modifies abusive sexual conduct april avondale lockhart convicted sexual abuse first degree penal law ann west cum supp crime involved girlfriend presentence investigation report psr eleven years later lockhart indicted eastern district new york attempting receive child pornography violation possessing child pornography violation lockhart pleaded guilty possession offense government dismissed receipt offense lockhart presentence report calculated guidelines range months possession offense report also concluded lockhart subject mandatory minimum prior new york abuse conviction related aggravated sexual abuse sexual abuse abusive sexual conduct involving minor ward psr lockhart objected arguing statutory phrase involving minor ward applies three listed crimes aggravated sexual abuse sexual abuse abusive sexual conduct therefore contended prior conviction sexual abuse involving adult fell outside enhancement ambit district rejected lockhart argument applied mandatory minimum second circuit affirmed sentence ii section reads full whoever violates attempts conspires violate shall fined title imprisoned years person prior conviction chapter chapter chapter chapter section title article uniform code military justice laws state relating aggravated sexual abuse sexual abuse abusive sexual conduct involving minor ward production possession receipt mailing sale distribution shipment transportation child pornography person shall fined title imprisoned less years years case concerns provision list state offenses issue us whether limiting phrase appears end list involving minor ward applies three predicate crimes preceding list final predicate crime hold involving minor ward modifies abusive sexual conduct antecedent immediately preceding although list state predicates awkwardly phrased put charitably provision text context together reveal straightforward reading timeworn textual canon confirmed structure internal logic statutory scheme consider text interpreted statutes include list terms phrases followed limiting clause typically applied interpretive strategy called rule last antecedent see barnhart thomas rule provides limiting clause phrase ordinarily read modifying noun phrase immediately follows ibid see also black law dictionary ed ualifying words phrases modify words phrases immediately preceding words phrases remote unless extension necessary context spirit entire writing scalia garner reading law interpretation legal texts applied rule earliest decisions recent see sims lessee irvine dall ftc mandel brothers barnhart rule reflects basic intuition modifier appears end list easier apply modifier item directly particularly true takes little mental energy process individual entries list making heavy lift carry modifier across example imagine general manager yankees rounding roster tell scouts find defensive catcher shortstop pitcher last year world champion kansas city royals natural scouts confine search pitcher last year championship team look broadly catchers shortstops applied last antecedent principle suggests phrase involving minor ward modifies phrase immediately follows abusive sexual conduct corollary also suggests phrases aggravated sexual abuse sexual abuse constrained course canon statutory interpretation rule last antecedent absolute assuredly overcome indicia meaning barnhart see also davis michigan dept treasury fundamental canon statutory construction words statute must read context view place overall statutory scheme instance take laws treaties constitution post kagan dissenting reader intuitively applies laws treaties constitution among things laws treaties constitution often cited together readers used seeing modify listed items simple parallel without unexpected internal modifiers structure section contrast contain items readers used seeing listed together concluding modifier readers accustomed applying varied syntax item list makes hard reader carry final modifying clause across three importantly interpretation urged rule last antecedent overcome indicia meaning contrary context fortifies meaning principle commands inquiry context begins internal logic provision section establishes sentencing minimums maximums three categories offenders first third section imposes maximum sentence offenders prior convictions second third imposes minimum maximum offenders previously violated federal offense listed within various chapters federal criminal code last third imposes minimum maximum offenders previously committed state sexual abuse aggravated sexual abuse abusive sexual conduct involving minor ward well number state crimes related possession distribution child pornography among chapters federal criminal code trigger recidivist enhancement crimes chapter chapter criminal izes range offenses involving adults minors places federal crimes headings use language nearly identical language uses enumerate three categories state predicates first section chapter titled aggravated sexual abuse second titled sexual abuse third titled sexual abuse minor ward applying rule last antecedent sections mirror precisely order precisely divisions nearly precisely words used describe three state predicate crimes aggravated sexual abuse sexual abuse abusive sexual conduct involving minor ward similarity appears coincidence state certainty congress used chapter template list state predicates set ignore parallel particularly headings chapter place congress amended statute add state congress intended limit state predicates conduct involving minor ward doubt followed thought needed follow closely structure language chapter conclusion congress followed federal template supported fact congress nothing indicate offenders prior federal convictions culpable harmful worthy enhanced punishment offenders nearly identical state priors therefore see reason interpret exual abuse occurs second circuit courthouse triggers sentence enhancement sexual abuse occurs next door manhattan municipal building iii lockhart argues contrary phrase involving minor ward interpreted modify three state predicates first contends dissenting colleague principle supports reading principle lockhart says requires modifier apply items series application represent natural construction brief petitioner post long acknowledged structural contextual evidence may rebut last antecedent inference jama immigration customs enforcement instance porto rico railway light power mor lockhart relies declined apply rule last antecedent reason appears modifying clause applicable much first words last special reasons exist construing clause question bass declined apply rule last antecedent reason consistent discernable purpose statute apply limiting phrase last antecedent alone likewise jama suggested rule appropriate modifying clause appear end single integrated list recently paroline noted rule need applied mechanical way require accepting premises slip none cases describe much less apply countervailing grammatical mandate bear weight either lockhart dissent places series qualifier principle instead simply observed sometimes context weighs application rule last antecedent barnhart whether modifier applicable much first last words list whether set items form single integrated list whether application rule require acceptance unlikely premise fundamentally contextual questions lockhart attempts identify contextual indicia says rebut rule last antecedent indicia hurt rather help prospects points final two state predicates sexual abuse abusive sexual conduct nearly synonymous matter everyday speech brief petitioner course anyone commits aggravated sexual abuse also necessarily committed sexual abuse posits items list sufficiently similar limiting phrase apply equally three lockhart effort demonstrate similarity among items list state predicates reveals far much similarity three state predicate crimes related lockhart reading hopelessly redundant conduct qualify aggravated sexual abuse involving minor ward sexual abuse involving minor ward also qualify abusive sexual conduct involving minor ward take position today meaning terms aggravated sexual abuse sexual abuse abusive sexual conduct including similarities differences clear applying limiting phrase three items risk running headlong rule superfluity transforming list separate predicates set synonyms describing predicate see bailey assume congress used two terms intended term particular nonsuperfluous meaning applying limiting phrase involving minor ward sparingly contrast preserves distinction categories state predicates limiting third category conduct involving minor ward recognize interpretation eliminate superfluity aggravated sexual abuse sexual abuse see atlantic research ur hesitancy construe statutes render language superfluous require us avoid surplusage costs appropriate tolerate degree surplusage ready explanation redundancy remains follows categories chapter federal template see supra see similar explanation lockhart complete collapse list dissent offers suggestion rooted impressions people ordinarily speak write post problem even dissent acknowledges list state predicates hardly intuitive one mistake odd repetition inelegant phrasing reflection accumulated wisdom everyday speech patterns friend asked get tart lemons sour lemons sour fruit mexico brought back lemons california friend insisted using customary speech obviously asked mexican fruit forgiven disagreeing counts faced inartful drafting interpret provision viewing clear commonsense list best construed conversational english look around see might provenance peculiarity chapter readily hand unpersuaded dissenting colleague invocation basic examples life whatever validity dissent broader point simply case colloquial practice much use section list hardly way average person even average lawyer set describe relevant conduct started scratch lockhart next takes aim construction avoid disparity state federal predicates contends disparities state federal predicates indicate parity congress concern example imposes recidivist enhancement offenders prior federal convictions chapter title governs obscenity see yet impose similar enhancement offenses state obscenity laws similarly neighbor provision creates mandatory minimum sex trafficking involving children sex trafficking involving adults however construction predicates rely general assumption congress sought full parity federal state predicates relies instead contextual cues particular predicates enumerate state predicates congress used language similar chapter federal criminal code describes crimes involving adults children see supra therefore assume language used describe state predicates also describes conduct involving adults children lockhart joined dissent see post next says provision legislative history supports view congress deliberately structured treat state federal predicates differently rely two sources first reference report senate judiciary committee child pornography prevention act stat act first add language issue aggravated sexual abuse sexual abuse abusive sexual conduct involving minor ward code initially added added two years later report noted enhancement applies persons prior convictions state child abuse law law relating production receipt distribution child pornography see reference incompletely describes state pornography production distribution predicates cover production receipt distributing child pornography report indicates also production possession receipt mailing sale distribution shipment transportation child pornography reasons discussed trouble concluding report also incompletely describes state predicates lockhart dissent also rely letter sent department justice doj house representative committee judiciary commenting proposed child protection sexual predator punishment act pp letter doj provides commentary state noting although mandatory minimum sentence individuals charged receipt distribution child pornography prior state convictions child molestation pursuant enhanced provision individuals charged possession child pornography prior convictions child abuse pursuant letter say demonstrates doj understood language issue impose sentencing enhancement prior state convictions involving children doubt doj trying describe full reach language dissent suggests contrary several clues letter relaying one provision many salient features instance letter references child molestation child abuse encompass large number state crimes unambiguously covered abusive sexual conduct involving minor ward namely crimes involving wards wards minors also adults see defining wards persons official detention custodial supervisory disciplinary authority moreover doubt doj intended express belief potentially broad scope serious crimes encompassed aggravated sexual abuse sexual abuse abusive sexual conduct reaches state crimes traditionally characterized child molestation child abuse thus congress amendment provision give doj wanted post amendment also therefore think unnecessary restrict interpretation provision parts doj chose highlight letter importantly terse descriptions provision senate report doj letter nothing explain congress wanted apply mandatory minimum individuals convicted federal sexual abuse aggravated sexual abuse involving adult individuals convicted state legislative history short hardly speaks clarity purpose discern congress statutory objective universal camera nlrb best explanation lockhart muster basic administrability concern congress knew conduct capturing federal law confident covered federal offenses proper predicates congress familiarity varied mutable laws fifty brief petitioner perhaps congress worried state laws punishing relatively minor offenses like public lewdness indecent exposure involving adult swept risk lockhart identifies minimal whether terms given generic meaning see descamps taylor defined light federal counterparts decide unlikely sweep bizarre unexpected state offenses worry lockhart finally lockhart asks us apply rule lenity used lenity principle resolve ambiguity favor defendant end process construing congress expressed ordinary canons statutory construction revealed satisfactory construction callanan case sure lockhart contends applied different principle statutory construction namely principle arrive alternative construction arguable availability multiple divergent principles statutory construction automatically trigger rule lenity cf llewellyn remarks theory appellate decision rules canons statutes construed vand rev two opposing canons almost every point rule last antecedent well supported context lockhart alternative apply rule lenity override sensible grammatical principle buttressed statute text structure conclude text structure confirm provision applies prior state convictions sexual abuse aggravated sexual abuse whether convictions involved minor ward therefore hold lockhart prior conviction sexual abuse adult encompassed judgment appeals accordingly affirmed ordered kagan dissenting avondale lockhart petitioner writ certiorari appeals second circuit march justice kagan justice breyer joins dissenting imagine friend told hoped meet actor director producer involved new star wars movie know immediately wanted meet actor star wars cast actor example latest zoolander suppose real estate agent promised find client house condo apartment new york potential buyer annoyed agent sent information condos maryland california consider law imposing penalty violation statute rule regulation relating insider trading surely person cause protest punished provision violating traffic statute reason three cases everyone understands modifying phrase involved new star wars movie new york relating insider trading applies term preceding list last ordinary understanding english works speech writing alike decide case avondale lockhart subject mandatory minimum sentence possessing child pornography prior conviction aggravated sexual abuse sexual abuse abusive sexual conduct involving minor ward today relying called rule last antecedent reads phrase involving minor ward modifying final term list properly read modifier applies terms examples normal construction finds support uncommonly legislative history many words three predicate crimes involve abuse children doubt remained rule lenity command result lockhart prior conviction sexual abuse adult trigger mandatory minimum penalty respectfully dissent begin majority rule last antecedent see ante fully discussed principle barnhart thomas considered statute providing individual qualifies disabled unable previous work considering age education work experience engage kind substantial gainful work exists national economy quoting emphasis added held invoking rule italicized phrase modifies term substantial gainful work term previous work occurring earlier sentence two points especial note first barnhart contained significant caveat rule assuredly overcome indicia meaning see nobelman american savings bank refusing apply rule contrary interpretation reasonable one second grammatical structure provision barnhart nothing like statute case modifying phrase immediately follow list multiple parallel terms true well instances followed rule see jama immigration customs enforcement batchelor sims lessee irvine dall indeed made clear rule generally apply grammatical construction present modifying clause appear end single integrated list jama exact opposite usually true examples beginning opinion modifying phrase refers alike list terms leading treatise puts point follows straightforward parallel construction involves nouns verbs series modifier end list normally applies entire series scalia garner reading law interpretation legal texts compare syntax involves something parallel series nouns verbs modifier normally applies nearest reasonable referent interpretive practice applying modifier whole list boasts fancy name canon see black law dictionary ed opening examples show reflects completely ordinary way people speak listen write even exception principle intuitive emphasizing basis customary usage nouns list disparate modifying clause make sense applied rule takes suppose friend told wants meet actor director producer involved star wars instead hopes someday meet president justice actor involved star wars presumably know wants meet president justice even person connection famed film franchise long modifying clause applicable much first words last stated natural construction language demands clause read applicable paroline slip quoting porto rico railway light power mor words modifier qualifies last antecedent whole series majority must acknowledge see ante repeatedly applied rule manner paroline example considered statute requiring possessors child pornography pay restitution individuals whose abuse recorded materials law defines victim losses include medical services relating physical psychiatric psychological care physical occupational therapy rehabilitation necessary transportation temporary housing child care expenses lost income attorneys fees well costs incurred losses suffered victim proximate result offense lettering omitted victim bringing lawsuit invoked rule argue modifier end provision proximate result offense pertained last item preceding list others see slip rejected view recited canon statutory construction derived natural use language hen several words followed clause sensibly modify understood ibid thus read requirement cover every term list bass take one example followed rule confronted statute making crime convicted felon receive possess transport commerce affecting commerce firearm app ed current version government contended modifying commerce affecting commerce applied transport receive possess rebuffed argument natural construction language recognized suggests clause commerce affecting commerce qualifies three antecedents list internal quotation marks omitted relying longstanding precedents endorsing construction explained since commerce affecting commerce undeniably applies least one antecedent since makes sense three plausible construction fact applies three citing standard brewery porto rico railway see also jones similarly treating interstate commerce element phrase building vehicle real personal property used interstate foreign commerce applying buildings vehicles analysis holds equally sentencing provision issue relevant language aggravated sexual abuse sexual abuse abusive sexual conduct involving minor ward contains single integrated list parallel terms sex crimes followed modifying clause jama given close relation among terms series modifier makes sense much first words last paroline slip words reference minor ward applies well sexual abuse aggravated sexual abuse abusive sexual conduct case different example statute established mandatory minimum person previously convicted arson receipt stolen property abusive sexual conduct involving minor ward interpreting modifier applicable preceding terms natural construction language requires ibid bass majority responds claiming inelegant phrasing renders somehow exempt grammatical rule reflecting people ordinarily use english language ante begin majority wrong suggest canon colloquial conversational english ibid fact applies speech writing informal formal varieties way test point pick journal book matter opinion keep everyday colloquialisms far distance ibid come across many sentences structure statutory provision issue nouns followed modifying clause discover yet clause modifies every noun series last words even especially formal writing principle majority wrong suggesting odd repetition list state predicates causes principle lose force ibid majority sentence proves much friend asked get tart lemons sour lemons sour fruit mexico might well think list terms perplexing might puzzle difference tart sour lemons wonder specifically mentioned lemons apparently happy sour fruit kind one thing doubt friend wants produce mexico get say sour lemons vietnam however weird way listed fruits way lists offenses modifying clause still refers majority well seeks refuge idea applying canon violate rule superfluity see ante says majority conduct qualify sexual abuse involving minor ward abuse involving minor ward also qualify sexual conduct involving minor ward ante rejoinder work canon superfluity often stated assists competing interpretation gives effect every clause word statute microsoft partnership internal quotation marks omitted see bruesewitz wyeth llc majority approach admits see ante produces superfluity equal measure rearrange majority sentence conduct qualify abusive sexual conduct involving minor ward aggravated sexual abuse also qualify sexual abuse words majority reading well two listed crimes become subsets third three written one indeed majority superfluity especially odd quality relates modifying clause majority makes term involving minor ward wholly unnecessary remember old adage pot kettle rule superfluity excuse majority reading modifier ordinary usage demands pertain terms preceding ii legislative history confirms natural construction language shows three predicate offenses issue must involve minor list crimes appears two places contains sentencing enhancement convicted distributing receiving child pornography includes similar enhancement like lockhart convicted possessing material descriptions list offenses made time congress added provisions belie majority position relevant language providing minimum sentence person prior conviction aggravated sexual abuse sexual abuse abusive sexual conduct involving minor ward first made appearance congress inserted see child pornography prevention act stat note time senate report legislation explained new language meant mandatory minimum apply offender prior conviction state child abuse law emphasis added hard imagine saying directly state predicates involve minors minors two years later urging congress include predicate offenses department justice doj read list way formal bill comment doj noted proposed legislation child pornography failed fix statutory oddity contained state predicates issue doj described discrepancy follows whereas provided penalty enhancement individuals charged receipt distribution child pornography prior state convictions child molestation adjacent contained enhancement charged possession child pornography prior convictions child abuse emphasis added change doj wrote possessor child pornography also subject mandatory minimum prior conviction sexual abuse minor ibid emphasis added doj thus made clear predicate offenses adding like already related sexual abuse sexual abuse children congress gave doj wanted soon receiving letter congress added language issue resulting requested minimum sentence see protection children sexual predators act stat note every indication less predicate crimes relate children alone majority response history fails blunt force according majority reference state child abuse law senate report simply incomplete descri ption state predicates ante similarly majority ventures doj letter merely noting one provision many salient features ibid suppose like senate report doj letter authors paraphrase condense statutory language issue like majority thought captured crimes use phrase state child abuse law descriptor senate report refer whole list state predicates involving sexual abuse minor doj letter course might well use shorthand alternatively understood statutory language cover sexual offenses children authors report letter documents necessity abridge statutory language conveying utterly false impression language centrally describing provision supposedly covers sexual abuse one reaches child majority objects senate report doj letter drafters nothing explain congress limited state predicates involving children provision federal predicates agree confined ante emphasis original congress obligation justify choices doj obliged explain congress rather duty carry decisions regardless whether understands lay behind senate report doj letter says says meaning confirming uncertain terms natural reading statutory language explanation sufficient majority concedes claim congress simply must wanted federal state predicates see ante ur construction predicates rely general assumption congress sought full parity federal state predicates contain many federal predicates lacking state matches example person subject mandatory minimum previously violated prohibits ex trafficking children sex trafficking force fraud coercion prior conviction state law sex trafficking children trigger minimum trafficking adults even force fraud coercion mismatch trafficking adults children federal side trafficking children alone state side precisely parallels view predicates issue generally ten federal obscenity crimes trigger enhanced punishments equivalent state crimes five federal prostitution offenses prompt mandatory minimums provisions state offenses noting disparities government concedes hen congress adds offenses lists predicate offenses triggering recidivist enhancements sometimes adds state offenses corresponding subset federal offenses previously included brief enforce choice iii natural construction language plus unusually limpid legislative history majority relies structural argument see ante federal predicates majority begins described crimes chapter chapter criminalizes range offenses involving adults minors ante emphasis original majority say fact alone resolves question presented given many times discussed congress opted make federal crimes equivalent state crimes predicates mandatory minimums majority claims see headings sections chapter contends mirror precisely order nearly precisely words used describe state predicate crimes issue ante majority state certainty hazards guess congress thus used chapter template list state predicates otherwise said congress followed structure language chapter defining offenses ibid state predicates nearly similar federal crimes chapter majority claims chapter includes following offenses aggravated sexual abuse sexual abuse sexual abuse minor ward abusive sexual contact chapter thus contains four crimes one found list state offenses drafters meant merely copy chapter left one crimes majority suppose congress whatever reason wanted replicate chapter first three offenses used language referring laws state relating aggravated sexual abuse sexual abuse sexual abuse minor ward congress used language phrase minor ward clearly applied third term differentiate otherwise identical second contra majority see ante drafters rather repeating phrase sexual abuse used phrase abusive sexual conduct list last term echoes anything separate crime abusive sexual contact included chapter fourth offense well places federal code see choice different words indicates yet congress mean majority imagines duplicate chapter set offenses indeed even government refused accept notion federal state predicates mirror government sure argued anomalous federal state convictions sexually abusing adults trigger enhanced penalty brief discussed modest point anomalous differences federal state predicates recurring feature statute see supra government briefing argument rejected idea congress wanted list state predicates mimic crimes chapter words denied congress meant state federal offenses bear meaning see brief tr oral arg even face sustained questioning members government held fast position see tr oral arg justice alito hy resist argument congress picking basically definitions federal offenses chapter worded almost identically assistant solicitor general think congress trying listed state federal offenses government made clear intended copies majority seems think view somehow consistent hypothesis chapter served template state predicates ante responding one lockhart arguments majority remarks state predicates might generic meaning distinct chapter ante majority supposed template much template predicate state offenses follow parallel chapter single respect others including sexual abuse adults otherwise defining wrongful sexual conduct whether concerning adults children ante template one might say good case case majority theory offers slimmest explanation chapter resolve today question many issues courts face future involving meaning state predicate offenses rationale make sense right consistent view chapter like federal predicates irrelevant defining provision state predicates thus federal chapter four differently worded crimes independent three state offenses issue reasons given must involv minor ward iv suppose moment case clear suggested assume way know whether apply rule imagine legislative history quite compelling majority template argument quite strained prevail rule resolve genuine ambiguity criminal statutes favor criminal defendant majority puts point rule lenity insists courts side defendant ordinary canons statutory construction revealed satisfactory construction ante citing callanan see also bifulco holding rule lenity applies interpretations substantive ambit criminal prohibitions also penalties impose least principle tip scales lockhart favor nothing majority said shows modifying clause unambiguously applies last term preceding series fact lockhart case stronger consider following sentence summarizing various points made principle legislative history rule lenity discussed opinion point direction answer following question rule lenity discussed opinion principle legislative history discussed well even read preceding pages know right answer ordinary way us use language end lockhart win footnotes example chapter prohibits forced sexual acts another person person certain age section specially criminalizes sexual acts another person attained age years sexual acts wards official detention custodial supervisory disciplinary authority person engaging see ed aggravated sexual abuse sexual abuse sexual abuse minor ward dissent points ed also borrow heading fourth section chapter note fifth sixth seventh eighth sections defining categories state predicates post kagan dissenting significance similarity three state predicates wording structure order first three sections chapter diminished fact congress stopped especially remaining sections largely set derivations definitions penalties first three see listing offenses derived creating enhancement offenses chapter resulting death listing definitions footnotes majority baseball example see ante reads way three terms parallel words catcher shortstop pitcher qualified separate apart modifying clause end sentence pitcher thus calls modifier phrase kansas city royals answers call imagine sentence slightly reworded refer defensive catcher shortstop pitcher kansas city royals alternatively suppose sentence referred simply catcher shortstop pitcher kansas city royals either way three players must come royals three terms unlike majority sentence parallel series modifying clause end busy carry homework assignment consider examples many last months work obb personenverkehr ag sachs slip described lawsuit alleging wrongful arrest imprisonment torture saudi police james boise per curiam slip quoting martin hunter lessee wheat affirmed state courts must follow interpretations laws treaties constitution musacchio slip quoting reed elsevier muchnick noted interpreting statutes looks text context relevant historical treatment provision issue ferc electric power supply slip applied statute addressing rule regulation practice contract affecting wholesale rate charge montanile board trustees nat elevator industry health benefit plan slip interpreted employee benefits plan requiring reimbursement attorneys fees costs expenses damages claimed covered person case course italicized modifying clause refers every item preceding list rule reflects us use language writing speech formal informal contexts time majority asserts found concealed within structure explanation superfluity ante claim soon show collapses examination see infra makes difference senate report accompanied rather amendment one possibly think majority therefore try argue disputed language means something different neighbor model majority tries bolster incomplete description claim highlighting another summary statement senate report reference merely illustrates point amending later congress added child predicates issue also set predicate state offenses relating child pornography specifically congress provided mandatory minimum sentence individuals previously convicted production possession receipt mailing sale distribution shipment transportation child pornography child pornography prevention act stat senate report described predicate crimes abbreviated fashion relating production receipt distribution child pornography synopsis doubtless leaves things synopsis reader report terribly surprised see fuller statutory list said phrase state child abuse law fact refers laws prohibiting rape sexual assault similar behavior majority makes identical mistake asserting doj letter merely highlight one many features ante support claim majority notes letter omits discussion sexual crimes adult wards even though statute covers offenses theory elision perfectly natural number sex crimes adult wards pales comparison children discussing latter doj focused offense reason opinion descriptions often skip reference wards see supra infra count writer choice avoid extraneous detail majority offer similar simple explanation doj repeatedly referred sex crimes children statutory language explicating proposing add another provision also covered sex crimes adults majority intimates chapter contains three crimes reading unambiguously wrong unlike fifth eighth sections chapter majority invokes purpose fourth entitled busive sexual contact sets independent substantive offense criminalizing acts made illegal first three sections see also separately listing offense identifying must register sex offender majority noted gives reason congress ignored fourth crime using chapter template