sentences:  "Serious bodily harm", like recidivism, was "as typical a sentencing factor as one might imagine"; indeed, Kennedy pointed to the laws of several states that made the magnitude of harm to the victim or victims the basis for increased criminal punishment.Significant differences between the structure of the federal carjacking statute and both the other federal robbery statutes and the state statutes on which the majority relied also suggested to Kennedy that the text of the federal carjacking statute made "serious bodily injury" a sentencing factor.Because, for Kennedy, the text of the statute was not clearly susceptible to two different interpretations, there was no need to invoke the principle of constitutional avoidance as the majority did.