Does the majority of the Supreme Court have any authority to apply the rule of lenity to a defendant who has been convicted of a sexual assault?
MultiRegion, United States of America
The following excerpt is from United States v. Thompson, 728 F.3d 1011 (9th Cir. 2013):
7. The majority also errs by applying the rule of lenity to 18 U.S.C. 844(h)(1). Application of the rule of lenity is appropriate only when there remains a grievous ambiguity in the language of the statute after a court has used every method of statutory construction to resolve it. United States v. Wildes, 120 F.3d 468, 471 (4th Cir.1997). Section 844(h)(1) is devoid of any ambiguity, grievous or otherwise.
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