The United States Supreme Court issued three decisions in criminal cases today. This post describes one of them.

Although the Gitmo habeas case remains pending, the high court did decide the case of another terrorist, Ahmed Ressam. He falsely stated his name and nationality when entering the United States from Canada. And, oh, by the way, he had a trunk full of explosives with which he intended to blow up LAX. An additional ten years in prison is provided by 18 U.S.C. § 844(h) for "Whoever ... (2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States...." This is a fine example of the sentence enhancement tail wagging the offense dog, but it's constitutional as long as the jury finds the requisite facts beyond a reasonable doubt.

The Supreme Court decided today, 8-1, that "during" means "during." It does not mean "in relation to." Congress knows how to add that requirement when it wants to. Cf. 18 U.S.C. § 924(c)(1)(A).