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On Tuesday the Supreme Court hears oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt; David Engstrom has our preview.

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Burgess v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
06-11429 4th Cir. Mar 24, 2008
Tr.Aud.
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.

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