Burgess v. United States

Docket No.
Op. Below
Argument
Mar 24, 2008
Tr.Aud.
Opinion
Vote
9-0
Author
Ginsburg
Term

Holding: Because the term "felony drug offense" in Section 841(b)(1)(A) of the Controlled Substances Act is defined exclusively by Section 802(44) and does not incorporate Section 802(13)'s definition of "felony," a state drug offense punishable by more than one year qualifies as a "felony drug offense," even if state law classifies the offense as a misdemeanor.

Judgment: Affirmed, 9-0, in an opinion by Justice Ruth Bader Ginsburg on April 16, 2008.

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