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robbery
according
resulting
degree
bodily
injury
rule
similar
provision
defendant
subject
punishment
harm
resulting
discharge
whether
also
subject
enhanced
penalty
imposed
iii
indicates
latter
provision
intended
serve
different
purpose
namely
punish
culpable
act
intentional
discharge
iii
sum
structure
history
indicate
congress
meant
impose
substantial
penalty
provided
clause
iii
cases
intentional
discharge
statute
unclear
regard
reach
conclusion
applying
presumption
congress
intended
include
mens
rea
requirement
mandatory
sentencing
provisions
meaningfully
distinguishable
statutes
defining
crimes
previously
applied
presumption
rule
morissette
staples
rule
therefore
guide
analysis
insufficient
evidence
rebut
presumption
case
respectfully
dissent
christopher
michael
dean
petitioner
writ
certiorari
appeals
eleventh
circuit
april
justice
breyer
dissenting
many
reasons
justice
stevens
sets
forth
believe
statutory
provision
us
applies
intentional
accidental
discharges
firearms
justice
stevens
points
bailey
held
simple
possession
firearm
without
type
active
employment
brandishing
displaying
bartering
striking
obviously
firing
attempting
fire
constitute
use
firearm
see
ante
dissenting
opinion
seems
possible
likely
congress
statute
amended
law
criminalizing
simple
possession
bailey
found
insufficient
imposed
set
ever
severe
mandatory
sentences
conduct
listed
bailey
considered
ways
offender
might
use
firearm
see
ante
statutory
words
discharged
iii
refer
bailey
called
firing
encompass
accidental
discharge
concede
lists
strong
arguments
contrary
view
rule
lenity
tips
balance
majority
position
rule
lenity
ordinarily
applied
reflects
law
insistence
criminal
statute
provide
fair
warning
law
intends
certain
line
passed
bass
internal
quotation
marks
omitted
mandatory
minimum
sentence
issue
application
reflects
additional
consideration
namely
application
likely
produce
interpretation
hews
closely
congress
sentencing
intent
case
mandatory
minimum
interpretation
errs
side
exclusion
interpretive
error
side
leniency
still
permits
sentencing
judge
impose
sentence
similar
perhaps
close
statutory
sentence
even
sentence
interpretation
statute
legislatively
required
see
sentencing
commission
guidelines
manual
specific
offense
characteristics
possibly
calling
year
increase
sentencing
range
case
like
one
sentencing
judge
likely
give
low
sentence
unusual
case
nature
accident
example
makes
clear
offender
responsible
perhaps
discharge
put
one
risk
see
koon
course
unusual
nature
case
means
kind
case
congress
mind
enacted
statute
moreover
error
excludes
erroneously
set
instances
congress
meant
include
accidental
discharge
lead
sentencing
commission
focus
cases
exercise
investigative
judgmental
powers
decide
cases
handled
investigation
turn
make
available
congress
body
evidence
analysis
help
reconsider
statute
wishes
hand
interpretation
errs
side
inclusion
requires
imposing
years
additional
imprisonment
individuals
congress
intended
punish
harshly
interpretation
prevent
sentencing
giving
lower
sentence
even
unusual
case
example
accident
unintended
unforeseeable
imposes
additional
risk
interpretation
erroneously
taking
discretion
away
sentencing
judge
ensure
results
depart
dramatically
congress
intended
cf
harris
breyer
concurring
part
concurring
judgment
statutory
mandatory
minimums
generally
deny
judge
legal
power
depart
downward
matter
unusual
special
circumstances
call
leniency
moreover
unusual
cases
definition
rare
errors
provide
little
incentive
sentencing
commission
congress
reconsider
statute
interpretive
asymmetries
give
rule
lenity
special
force
context
mandatory
minimum
provisions
believe
discharge
provision
sufficiently
ambiguous
warrant
application
rule
respectfully
dissent
footnotes
contrary
suggestion
ante
congress
provision
specific
intent
element
brandishing
discharge
supports
conclusion
congress
intend
enhancements
discharge
provision
require
proof
specific
intent
supports
inference
congress
also
intended
eliminate
general
intent
requirement
thereby
make
offenders
strictly
liable
sure
also
inquiries
said
sentencing
provisions
different
harris
plurality
opinion
mcmillan
pennsylvania
distinguished
purposes
constitutional
analysis
mandatory
minimum
sentencing
schemes
offense
elements
provisions
increase
statutory
maximum
sentence
continue
agree
justice
thomas
compelling
dissent
harris
rejected
distinction
ground
mandatory
minimum
sentencing
provisions
least
significant
affect
defendant
liberty
additional
convictions
statutory
maximum
provisions
logic
treating
provisions
similarly
buttressed
subsequent
decision
booker