Garcia v. United States

Justice Stevens, with whom Justice Brennan and Justice Marshall join,

dissenting.

When the literal application of a statute would produce a result “demonstrably at odds with the intentions of its drafters,” the actual legislative intent must control our disposition. See Griffin v. Oceanic Contractors, Inc., 458 U. S. 564, 571 (1982). I believe a similar rule should apply to the literal application of a federal criminal statute that is dramatically broader than the coverage that its draftsmen intended.

I

A fair reading of the entire history of 18 U. S. C. § 2114 convinces me that Congress never intended it to apply outside of the postal context. As the Court correctly notes, ante, at 75, § 2114 “had its genesis as a law to protect mail carriers from assault and robbery of mail matter.” The deterrent purpose of such a law justifies the imposition of especially severe sanctions. For that reason, heavy penalties have always been authorized, and sometimes mandated, for assaults upon mail carriers.

The Second Congress, recognizing the importance of the delivery of the mails, enacted the earliest predecessor to §2114 in 1792. That enactment, entitled “An Act to establish the Post-Office and Post Roads within the United States,”1 stated in part that death was the penalty for any *81person who robbed “any carrier of the mail of the United States.”2 The penalty for robbery of a carrier of the mail remained the same when the Third Congress passed the Act of May 8, 1794.3 Almost three years later, Congress made aiding and abetting the robbery of a mail carrier an offense also subject to a penalty of death.4

Repeatedly in subsequent years Congress enacted special legislation dealing with mail-robbery offenses. Such statutes were enacted in 1799,5 1810,6 1825,7 1872,8 and *821909.9 In the 1909 statute, Congress established a mandatory minimum sentence of incarceration of 25 years for attempted robbery if the mail carrier was wounded or had his life put in danger. As it had done consistently for over a century, Congress thus ensured that the law would provide special protection for a person within the postal setting by making it clear that a crime upon such a person was an unusually serious matter, not only because it was a federal offense, but also because of the severity of the mandated penalty.10

*83The history through the 1909 codification and in the immediate years thereafter unequivocally demonstrates that §2114’s predecessors were always intended for postal offenses. This case, of course, involves an interpretation of the amendment of § 320 of Title 18 that Congress adopted in 1935. The question is whether Congress intended to abandon the postal nexus that had characterized this legislation throughout its long history.

II

A review of the circumstances leading to the 1935 amendment persuades me that Congress merely intended to broaden the protection of postal workers. In 1934 two bills containing the amendatory language that was enacted in the following year were introduced in the House of Representatives and referred to the Committee on the Judiciary.11 Neither of those bills was reported out of that Committee which, of course, is the Committee that would normally process a significant change in the general coverage of the Criminal Code. In 1935, the highest postal official, the Postmaster General, wrote a letter to Representative James M. Mead, Chairman of the House Committee on the Post Office and Post Roads, requesting an amendment to cover assaults *84on custodians of Government funds.12 In both the House and the Senate it was the Committee on the Post Office and Post Roads that processed the requested legislation. See H. R. Rep. No. 582, 74th Cong., 1st Sess. (1935); S. Rep. No. 1440, 74th Cong., 1st Sess. (1935).

The 1935 amendment that was referred to the House Committee on the Post Office and Post Roads was a noncontroversial measure that Congressman Dobbins, a Member of that Committee, managed on the floor of the House. In response to a query, he stated that “[t]he only purpose of *85the pending bill is to extend the protection of the present law to property of the United States in the custody of its postal officials, the same as it now extends that protection to mail matter in the custody of its postal officials.”13 When a *86relatively minor piece of legislation of this sort is processed with almost no debate on the floor of either House, the unambiguous comment of a spokesman for the Committee that reported the bill is particularly illuminating. In my opinion it is entitled to greater weight than a general statement in the Committee Reports that is little more than a paraphrase of the statutory language itself.

As Judge Friendly succinctly wrote in United States v. Reid, 517 F. 2d 953 (CA2 1975):

“[T]he 1935 amendment was to a statute which stood in the chapter of the Criminal Code dealing with offenses against the postal service. No Congressman could have supposed that, in passing an amendment to that section proposed by the Postmaster General and recommended by the committees dealing with the postal service, he was creating a new crime with respect to government property generally.” Id., at 957, n. 3a.

Ill

Even after Congress enacted the 1935 amendment, thus structuring the statute to read14 in much the same form as it *87exists today, the statute remained in the chapter dealing with crimes against the Postal Service until the general revision of the Judicial Code in 1948. No one contends that the 1948 revision changed the meaning of the statute.15

Apparently it never occurred to any federal prosecutor that this statute had any application outside the postal context until several decades after it was amended.16 Indeed, in 1973, when the question was first considered at the top executive level of the Department of Justice in United States v. Hanahan, 442 F. 2d 649 (CA7 1971), vacated and remanded, 414 U. S. 807 (1973), Solicitor General Bork carefully examined the question, concluding that it covered only postal crimes. The Solicitor General’s explanation of that conclusion merits quotation:

“In 1935 Congress added the more encompassing phrase ‘money or other property of the United States.’ On its face the statute covers the crime for which petitioner was convicted, as one involving a ‘person having lawful charge, control, or custody of any . . . money or other property of the United States .... We agree with petitioner, however, that the legislative history plainly shows that the statute was intended to apply only to postal crimes.
“The bill amending the statute was designed to remedy the anomalous situation which existed under the old statute. Before the amendments the statute imposed a severe penalty on one who robbed mail matter from the Postal Office but imposed no penalty on one who *88robbed money or other valuable property from the Post Office. . . .
“The change in the law had been advocated by the Post Office Department and only that Department submitted a report on the bill to the House and Senate Committees on Post Office and Post Roads. . . . We therefore concede that Section 2114, as amended, was designed only to cover robberies of post offices or postal employees.”17

IV

Even if I am correct in my appraisal of the actual intent of Congress, it is arguable that the statutory language is sufficiently plain that it should nevertheless be given effect. There are, however, three special concerns that lead me to the contrary conclusion.

First is the relationship between this statute and other parts of the Criminal Code. The general statute proscribing thefts of Government property, 18 U. S. C. §2112, carries a lesser penalty even if violence accompanies the theft.18 The more severe penalty in § 2114 is only explicable if we assume that Congress wanted to provide a special deterrent to crimes against an identifiable class of federal employees. Moreover, that special deterrent is consistent with the congressional decision in 1868 that mail carriers should wear special uniforms that the Postmaster General prescribed. See Act of July 27,1868, ch. 246, §20,15 Stat. 197. Robbery of a uniformed postal worker fits squarely into the rationale for § 2114. The assault in this case, however, was upon an undercover agent not known to have any connection with *89the Federal Government. This type of robbery is not appropriately prosecuted under §2114.19

Second, the severity of the mandatory minimum sentences — 10 years if no actual or threatened violence is involved and 25 years in a case of this kind — is rather plainly disproportionate to the offense if it covers every conceivable theft of Government property — even the attempted robbery of a Government-owned hammer.20 The Government responds by noting that it is for Congress to decide if a penalty is too harsh.21 This is quite true. But this response identifies my final — and most important — concern.

It is Congress, rather than the Executive, that must define the dimensions of the federal law enforcement program. Law enforcement remains, and should remain, the primary responsibility of the several States. Every increase in the power of the federal prosecutor moves us a step closer to a national police force with its attendant threats to individual liberty. For that reason, I believe we have a special obligation to make sure that Congress intended to authorize a novel assertion of federal criminal jurisdiction. Cf. Bell v. United States, 462 U. S. 356, 363 (1983) (Stevens, J., dissenting); McElroy v. United States, 455 U. S. 642, 675 (1982) (Stevens, J., dissenting); United States v. Altobella, 442 *90F. 2d 310, 316 (CA7 1971). There is, of course, no doubt that Congress has the authority to enact a law with the meaning the Court finds in § 2114 today. I am not, however, convinced that Congress actually intended to do so. I therefore respectfully dissent.

Act of Feb. 20, 1792, ch. 7, § 1, 1 Stat. 232.

That section provided in pertinent part:

“That if any person or persons shall rob any carrier of the mail of the United States, of such mail, or if any person shall rob the mail, in which letters are sent to be conveyed by post, of any letter or packet, or shall steal such mail, or shall steal and take from or out of the same, or from or out of any post-office, any letter or packet, such offender or offenders shall, on conviction thereof, suffer death.” § 17, 1 Stat. 237.

See ch. 23, §17, 1 Stat. 361.

Act of Mar. 3, 1797, ch. 19, §4, 1 Stat. 511.

Act of Mar. 2, 1799, ch. 43, § 15, 1 Stat. 736-737 (up to 40 lashes and imprisonment not exceeding 10 years for first mail-robbery conviction; death for first mail-robbery conviction, if wounding the carrier or placing his life in danger by the use of a dangerous weapon; death for second mail-robbery conviction; up to 30 lashes or imprisonment not exceeding two years, or both, for attempted robbery of the mails).

Act of Apr. 30,1810, ch. 37, § 19, 2 Stat. 598 (up to three years’ imprisonment for attempted robbery of the mails by assaulting, shooting, or threatening the custodian with a dangerous weapon).

Act of Mar. 3, 1825, ch. 64, §22, 4 Stat. 108-109 (5 to 10 years’ imprisonment for first mail-robbery conviction; death for first mail-robbery conviction if the carrier of the mails was wounded or had his life put in danger by a dangerous weapon; death for second mail-robbery conviction).

In 1872, Congress passed “An Act to revise, consolidate, and amend the Statutes relating to the Post-office Department.” Act of June 8, 1872, eh. 335, §§ 1-327, 17 Stat. 283-330. Section 285 of the revision stated: “That any person who shall rob any carrier, agent, or other person intrusted with the mail, of such mail, or any part thereof, shall, on conviction thereof, be imprisoned at hard labor not less than five nor more than ten years; and if convicted a second time of a like offence, or if, in effecting such robbery the first time, the robber shall wound the person having custody of the mail, or put his life in jeopardy by the use of dangerous weapons, such *82offender shall be imprisoned at hard labor for the term of his natural life.” 17 Stat. 320.

In contrast to the single grouping of offenses related to mail robbery in previous statutes, the revision also contained a separate section for attempting to rob a mail carrier:

“That any person who shall attempt to rob the mail by assaulting the person having custody thereof, shooting at him or his horse, or threatening him with dangerous weapons, and shall not effect such robbery, shall, on conviction thereof, be imprisoned at hard labor not less than two nor more than ten years.” §287, 17 Stat. 320.

The Revised Statutes of 1878 contained the separate mail-robbery-related provisions, as renumbered. Rev. Stat. §§ 5472, 5473.

In 1909 Congress codified the United States Penal Code, combined the two sections that related to robbery of the mails, and placed the single statute on mail robbery in the section entitled “Offenses Against Postal Service.” Act of Mar. 4, 1909, ch. 321, § 197, 35 Stat. 1126. The section provided:

“Whoever shall assault any person having lawful charge, control, or custody of any mail matter, with intent to rob, steal, or purloin such mail matter or any part thereof, or shall rob any such person of such mail or any part thereof, shall, for a first offense, be imprisoned not more than ten years; and if in effecting or attempting to effect such robbery, he shall wound the person having custody of the mail, or put his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned for twenty-five years.” Ibid.

See 18 U. S. C. §320 (1934 ed., Supp. V).

Congress’ attention was particularly called to the consolidation of the previous two sections and the establishment of a single 25-year penalty. The Report on S. 2982, 60th Cong., 1st Sess., stated:

*83“This section is made up of two sections of the Revised Statutes. Under those sections, one committing robbery of the mails, or attempting to do so, and in doing or attempting to do which makes use of a dangerous weapon, is subject to imprisonment for life. This language has been omitted and the maximum imprisonment which may be imposed has been reduced to twenty-five years.” S. Rep. No. 10, 60th Cong., 1st Sess., 21 (1908) (Report of the Special Joint Committee on the Revision of the Laws).

Throughout the discussion on the provision, Congress had no doubt that it was concerned with the mails. Id., at 1906 (“The offense intended to be reached by this provision is interfering with a person having custody of the mail”) (statement of Mr. Heyburn).

See H. R. Rep. No. 582, 74th Cong., 1st Sess., 1-2 (1935).

The text of the letter stated:

“The receipt is acknowledged of your letter of the 16th instant, requesting a report on H. R. 5360, a bill providing for punishment for the crime of robbing or attempting to rob custodians of Governnment moneys or property.
“Assaults upon custodians of mail matter are punishable under section 197 of the Federal Penal Code (18 U. S. C. 320), which provides a penalty of 25 years’ imprisonment if the custodian is wounded or his life is put in jeopardy by the use of a dangerous weapon. If the person assaulted is a custodian of Government funds (not mail) the maximum punishment that can be imposed is imprisonment for not more than 10 years and a fine of not more than $5,000; and no penalty is provided for attempts to commit such crimes. Recent years have witnessed a substantial increase in crimes of the latter type and it is believed that section 197 of the Penal Code should be amended so as to bring within its provisions the crime of robbing or attempting to rob custodians of Government moneys. Legislation to this effect was recommended in the Postmaster General’s annual report for 1933 and two bills, H. R. 6546 and H. R. 7214, were introduced and referred to the House Judiciary Committee but neither bill was reported out by the committee. The recommendation for the passage of this legislation is renewed." H. R. Rep. No. 582, 74th Cong., 1st Sess., 1-2 (1935).

See also Hearings before Subcommittee No. 8 of the House Committee on the Post Office and Post Roads on H. R. 154, 3252, 5049, 5162, 5360, 5370, 74th Cong., 1st Sess., 24 (1935) (“What we want to say about this bill is the fact that when a bandit, at the point of a gun, holds up our postal employees and takes mail, we have a 25-year penalty for it, but if he comes into the post office and does the same thing and takes away only cash, we are unable to give him such a sentence”) (statement of K. P. Aldrich, Chief Post Office Inspector).

79 Cong. Rec. 8205 (1935) (emphasis added). The discussion that led to the comment proceeded, in part, as follows:

“Mr. DOBBINS. I do not believe that the recommittal of this bill would accomplish anything. It was rather thoroughly considered. It did not merely receive perfunctory consideration. I think the language to which objection was made the previous day when this bill was considered, while it may be unusual language, it has been in the statute a great many years. Since the objection was made the other day I have taken up the matter with the legal advisor and with the inspection force of the Post Office Department. They feel it would be extremely dangerous to change the language of the statute as it is now. As to new language being incorporated in the act, I see no objection to changing it in the manner suggested by the gentleman from Michigan [Mr. Wolcott] at the last hearing of the Consent Calendar.
“Mr. WOLCOTT. I stated at that time that I thought it was a very poorly drafted bill, and I had hoped the committee would redraft it and report it out. I do not insist upon my amendment so far as the penalty is concerned. I think it is a very bad way to leave legislation, making it mandatory upon a judge to give a particular sentence, and no more or no less. If the committee want it that way, however, I have no objection. I think, however, for the purpose of safeguarding the integrity of our work here the language on page 1 should be amended.
“Mr. DOBBINS. Mr. Speaker, the gentleman from Ohio objects to the 25-year penalty provision provided in this bill. The penalty clause is not new legislation. If this bill is not passed, the statute will still contain the mandatory 25-year penalty.
“The only purpose of the pending bill is to extend the protection of the present law to property of the United States in the custody of its postal officials, the same as it now extends that protection to mail matter in the custody of postal officials. Aside from that it makes no change in the law. It just includes property of the United States in addition to mail matter which is protected; and let me say there are many custodians of postal stations who have a great amount of money in their custody but little mail; for instance in those substations where money orders are sold. If a bandit attacks those employees seeking that money, there is no way to prosecute *86the bandit under the present law, but if he is merely after a postal card or a letter he can be prosecuted.
“I think this makes a salutory change in the law. It is advocated by the Post Office Department and it seems to me there ought to be no objection to it.” Ibid.

The text of the statute read:

“Whoever shall assault any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States, with intent to rob, steal, or purloin such mail matter, money, or other property of the United States, or any part thereof, or shall rob any such person of such mail matter, or of any money, or other property of the United States, or any part thereof, shall, for the first offense, be imprisoned not more than ten years; and if in effecting or attempting to effect such robbery he shall wound the person having custody of such mail, money, or other property of the United States, or put his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be *87imprisoned twenty-five years.” Act of Aug. 26, 1935, ch. 694, 49 Stat. 867.

The Court, ante, at 75-76, correctly states that § 320 was renumbered §2114 and transferred to the section of Title 18 entitled “Robbery and Burglary” in 1948. Act of June 25, 1948, ch. 645, 62 Stat. 797.

The earliest appeal using §2114 outside of a postal setting appears to be Peek v. United States, 321 F. 2d 934 (CA9 1963); it arose almost three decades after the 1935 amendment.

Memorandum for United States in Hanahan v. United States, O. T. 1972, No. 72-6454, pp. 2-3 (footnotes omitted).

That section provides:

“Whoever robs another of any kind or description of personal property belonging to the United States, shall be imprisoned not more than fifteen years.”

The Government stated at oral argument that § 2114 was activated in this case instead of §2112 because the former section covers attempted robbery. Tr. of Oral Arg. 31. However, in its brief the Government concedes that it was not without statutory relief because 18 U. S. C. § 111 prohibits assaults on Government employees or officials listed in 18 U. S. C. § 1114, which includes “any officer or employee of the Secret Service.” A conviction under § 111, if involving a deadly or dangerous weapon, carries a fine of not more than $10,000, or imprisonment of 10 years, or both. Jose Garcia was convicted of violating 18 U. S. C. §111, and the Court of Appeals affirmed the conviction. 718 F. 2d 1528, 1530 (1983).

At oral argument, the Government stated that §2114 covers the robbery of a hammer that is Government property. See Tr. of Oral Arg. 25.

Id., at 26.