United States v. Ressam

2008-05-19
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Headline: Court allows federal conviction when a person carries explosives at the same time as committing any federal felony, reversing a court that required a special connection between the explosives and the crime.

Holding: Since the man carried explosives at the same time he lied to a customs official, the Court held that "during" requires only a temporal link, allowing conviction under the explosives statute.

Real World Impact:
  • Allows prosecutors to add a 10-year explosives penalty when explosives are carried contemporaneously with any federal felony.
  • Means lawful transport of common materials might trigger extra prison time if a separate felony occurs.
Topics: explosives offenses, statutory interpretation, customs checks and airport security, federal criminal penalties

Summary

Background

A man, Ahmed Ressam, tried to enter the United States by car ferry with hidden explosives he planned to use at Los Angeles International Airport. Customs officers questioned him, he lied on a customs form, and a later vehicle search found explosives in his trunk. He was convicted of making a false statement to a customs official and of carrying explosives "during" that felony, but a court of appeals overturned the explosives conviction.

Reasoning

The Supreme Court considered what the word "during" means in the federal explosives statute. The majority said "during" creates a temporal link only — the explosives must be carried at the same time as the felony, but need not be shown to have a relationship to the crime. The Court examined the statute’s wording and later changes to related gun and explosives laws and concluded Congress did not require a separate "relation" element. The Court therefore reversed the court of appeals and upheld the conviction under the explosives provision.

Real world impact

The ruling makes it easier for prosecutors to add a mandatory explosives penalty when someone is carrying explosives contemporaneously with any federal felony. That can affect many situations where explosives or common materials that can be explosive are transported while an unrelated crime occurs. The decision is a final interpretation of the federal explosives clause and will guide prosecutions and sentencing going forward.

Dissents or concurrances

Justice Breyer dissented, arguing the statute should be read in context to require some meaningful connection between the explosives and the felony, to avoid harsh and seemingly random 10-year penalties; Justice Thomas joined only the part of the opinion relying on the statute’s plain text.

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