Supreme Court of the United States

Dean v. United States — Stevens, J., dissenting

April 29, 2009556 U.S. 568

Summary

Justice Stevens dissents, arguing that 18 U.S.C. § 924(c)(1)(A)(iii) should be read to require intentional discharge for enhanced sentencing. He contends the statutory structure, legislative history, and the common-law presumption of mens rea support this reading. Justice Breyer, dissenting, agrees the rule of lenity warrants excluding accidental discharges from the enhanced penalty provision.