Skip to main content

Burgess v. United States

Docket No.06-11429
Op. Below4th Circuit
ArgumentMar 24, 2008

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 Ruth Bader Ginsburg on Apr 16, 2008.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.