rodriguez
argued
decided
march
released
personal
recognizance
bond
following
arrest
selling
cocaine
petitioner
arrested
selling
heroin
pleaded
guilty
charges
although
recognizing
supp
iii
required
petitioner
person
committed
felony
release
pending
judicial
proceedings
sentenced
least
term
imprisonment
addition
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two
drug
offenses
sentencing
judge
relying
suspended
execution
sentence
instead
imposed
probation
term
appropriate
circumstances
appeals
reversed
holding
supersede
leaving
federal
judges
without
authority
suspend
execution
sentences
imposed
held
section
divest
sentencing
judges
authority
nothing
language
two
provisions
suggests
existence
irreconcilable
conflict
intent
work
implicit
partial
repeal
may
inferred
contrary
provisions
fit
together
quite
sensibly
moreover
totality
legislative
history
act
part
demonstrates
unusual
clarity
repeal
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appeals
impermissibly
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understanding
broad
purposes
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since
sufficiently
clear
context
odds
legislative
history
certiorari
granted
reversed
per
curiam
comprehensive
crime
control
act
ccca
pub
stat
congress
provided
anyone
commits
felony
release
pending
judicial
proceedings
must
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least
two
years
imprisonment
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sentence
imposed
underlying
felony
supp
iii
probation
act
federal
judges
long
authority
suspend
execution
certain
sentences
impose
probation
instead
appeals
second
circuit
held
supersede
leaving
federal
judges
without
authority
suspend
execution
sentences
imposed
reverse
petitioner
gloria
rodriguez
arrested
selling
cocaine
released
personal
recognizance
bond
arrested
selling
heroin
pleaded
guilty
charges
sentencing
judge
recognized
required
petitioner
sentenced
least
term
imprisonment
addition
sentences
two
drug
offenses
nevertheless
relying
suspended
execution
sentence
finding
circumstances
probation
term
appropriate
appealed
arguing
superseded
sentencing
judge
authority
suspend
execution
sentence
imposed
appeals
agreed
reversed
rodriguez
filed
petition
certiorari
since
explicitly
divest
sentencing
judges
authority
appeals
judgment
amounts
conclusion
implicit
partial
repeal
well
settled
however
repeals
implication
favored
see
tva
hill
found
unless
intent
repeal
clear
manifest
borden
quoting
red
rock
henry
nothing
language
two
provisions
suggests
existence
irreconcilable
conflict
kremer
chemical
construction
citations
omitted
intent
repeal
may
inferred
contrary
provisions
fit
together
quite
sensibly
section
requires
commit
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release
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term
least
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years
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execution
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probation
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section
different
many
federal
statutes
requiring
minimum
sentences
uniformly
held
subject
suspension
authority
see
andrews
dictum
davis
cert
denied
sub
nom
hazzard
wilson
per
curiam
jones
cameron
hardaway
smith
donovan
appeals
rested
conclusion
part
legislative
history
ccca
noting
various
senate
house
reports
referred
establishing
mandatory
sentence
prescribing
term
imprisonment
least
two
years
ten
requir
ing
individual
imprisoned
additional
period
time
see
even
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passing
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constitute
clear
manifest
evidence
congressional
intent
necessary
establish
repeal
implication
fact
however
totality
legislative
history
act
demonstrates
unusual
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repeal
intended
senate
report
early
version
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pointed
statutes
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lorillard
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donovan
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additionally
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purposes
ccca
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diminishing
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discretion
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legislation
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purposes
costs
deciding
competing
values
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achievement
particular
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essence
legislative
choice
frustrates
rather
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simplistically
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whatever
furthers
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primary
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law
language
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legislative
history
occasion
examine
additional
considerations
policy
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formulation
statute
aaron
sec
quoting
ernst
ernst
hochfelder
neither
language
legislative
history
provides
basis
concluding
intended
effect
partial
repeal
true
practical
effect
appeals
contrary
judgment
reduced
fact
subsequently
amended
ccca
provides
substantially
altered
repealed
effective
november
see
supp
iii
nevertheless
judgment
plainly
inconsistent
important
doctrines
statutory
construction
grant
motion
leave
proceed
forma
pauperis
petition
certiorari
reverse
ordered
footnotes
person
convicted
offense
committed
released
pending
judicial
proceedings
shall
sentenced
addition
sentence
prescribed
offense
term
imprisonment
less
two
years
ten
years
offense
felony
term
imprisonment
imposed
pursuant
section
shall
consecutive
sentence
imprisonment
section
provides
relevant
part
upon
entering
judgment
conviction
offense
punishable
death
life
imprisonment
jurisdiction
try
offenses
satisfied
ends
justice
best
interest
public
well
defendant
served
thereby
may
suspend
imposition
execution
sentence
place
defendant
probation
period
upon
terms
conditions
deems
best