United States v. Ressam

United States v. Ressam, 553 U.S. 272 (2008), was a United States Supreme Court case in which the court held that an person who possessed explosives "during" the commission of another crime is eligible for a mandatory 10-year sentence on top of any other sentence even if the explosives were not related to the crime they committed.^[1][2]

Ahmed Ressam, later known as the "Millennium Bomber",^[2] gave false information on his customs form while attempting to enter the United States by car. A search of his car revealed explosives that he intended to detonate in the United States. He was convicted of, among other things, (1) feloniously making a false statement to a customs official in violation of 18 U. S. C. §1001, and (2) "carr[ying] an explosive during the commission of" that felony in violation of §844(h)(2). The latter carried a mandatory minimum of 10 years in prison. The Ninth Circuit Court of Appeals set aside the latter conviction because it read "during" in §844(h)(2) to include a requirement that the explosive be carried "in relation to" the underlying felony. The Supreme Court granted certiorari.^[1]

The Supreme Court issued an opinion on May 19, 2008. The court reinstated the conviction, saying there was no requirement that the explosives be related to the felony.^[1]

Justice Breyer dissented, noting that the court's interpretation of the statute "would permit conviction of any individual who legally carries explosives at the time that he engages in a totally unrelated felony." For example, because of how "explosive" is statutorily defined, that would include "such commonplace materials as kerosene, gasoline, or certain fertilizers."^[1]

• Text of United States v. Ressam, 553 U.S. 272 (2008) is available from: Justia

This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain.