Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.
On Tuesday the court hears oral argument in Hernández v. Mesa. Amy Howe has our preview.
On Tuesday the court also hears oral argument in McLane Co. v. EEOC. Charlotte Garden has our preview.

Burgess v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
06-11429 4th Cir. Mar 24, 2008
Apr 16, 2008 TBD Ginsburg OT 2007
 
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Issue: 1. Whether the term "felony drug offense" as used in federal statutes requiring imposition of enhanced mandatory minimum 20 years' imprisonment when drug offender has a prior conviction for a felony drug offense must be read in pari materia with federal statutes defining both felony and felony drug offense so as to require imposition of minimum 20-year sentence only if prior drug conviction as both punishable by more than one year in prison and characterized as a felony by controlling law; 2. When the court finds that a criminal statute is ambiguous, must it then turn to the rule of lenity to resolve ambiguity?

Plain English Summary:

Judgment: Affirmed, in an opinion by Justice Ruth Bader Ginsburg on April 16, 2008.

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