Burgess v. US
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Mar 24, 2008
||Apr 16, 2008||TBD||Ginsburg||OT 2007|
Issue: 1. Whether the term â€œfelony drug offenseâ€ as used in federal statutes requiring imposition of enhanced mandatory minimum 20 yearsâ€™ imprisonment when drug offender has â€œprior conviction for a felony drug offenseâ€ must be read in pari materia with federal statutes defining both â€œfelonyâ€ and â€œfelony drug offenseâ€, so asâ€ to require imposition of minimum 20-year sentence only if prior drug conviction as both punishable by more â€œthan 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?
Judgment: Affirmed, in an opinion by Justice Ruth Bader Ginsburg on April 16, 2008.
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Briefs and Documents
Merits briefs (via ABA)
- Brief for Petitioner Keith Lavon Burgess
- Brief for Respondent United States of America
- Reply Brief for Petitioner Keith Lavon Burgess