Dean v. United States (2008)
- Docket
- 08-5274
- Decided
- 2008-01-01
Summary
Question: Does 18 U.S.C. Section 924(c)(1)(A)(iii) require proof that the discharge of a firearm was intentional? Conclusion: No. The Supreme Court held that 18 U.S.C. Section 924(c)(1)(A)(iii) does not require proof of intent to discharge a firearm in order enhance a sentence. With Chief Justice John G. Roberts writing for the majority and joined by Justices Antonin G. Scalia, Anthony M. Kennedy, David H. Souter, Clarence Thomas, and Samuel A. Alito, the Court reasoned that the grammatical structure of the statute demonstrates that there is no intent requirement in order to enhance the convicted person's sentence. Justice John Paul Stevens dissented. He argued that criminal liability should not attach in cases where an accident causes no harm, as in Mr. Dean's case. Justice Stephen G. Breyer also dissented. He argued that 18 U.S.C. Section 924(c)(1)(A)(iii) was sufficiently ambiguous that it should be viewed in favor of Mr. Dean, such that the statute provides "fair warning" to criminal behavior.