Barrett v. United States · ¶68

Rather, the only legislative history that is relevant to today's inquiry accords with Barrett's understanding of subsection (j). That legislative history suggests that, rather than stacking punishment or creating a brand “[n]ew . . . offens[e],” subsection (j) (at the time styled subsection (i)) “made” a “capital offens[e]” out of a “[p]re-existing crim[e]”—the one at subsection (c). Cong. Research Serv., C. Doyle, Crime Control Act of 1994: Capital Punishment Provisions Summarized, pp. 3–4 (94–721 S, 1994); see also 140 Cong. Rec. 11158 (1994) (Sen. Biden remarking that the new provision “says if you are guilty of committing a crime that results in the death of an individual through the use of a gun, you are eligible for the death penalty, assuming it is a Federal crime”).

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