Burgess v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 06-11429 | 4th Cir. | Mar 24, 2008 | Apr 16, 2008 | 9-0 | Ginsburg | OT 2007 |
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.
SCOTUSblog Coverage
- Opinion Recap: Burgess v. US (Jason Harrow, April 17, 2008)
- Court: Drunk driving not a violent felony (Lyle Denniston, April 16, 2008)
- Argument preview: Burgess v. United States (Scotus Staff, March 10, 2008)
- Court grants six new cases (Lyle Denniston, December 7, 2007)
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
Amicus briefs