Burrage v. United States
Holding
At least when the use of a drug distributed by the defendant is not an independently sufficient cause of the victim's death or serious bodily injury, a defendant cannot be liable for penalty enhancement under the penalty enhancement provision of the Controlled Substance Act unless such use is a but-for cause of the death or injury.
Judgment
Reversed and remanded, 9-0, in an opinion by Antonin Scalia on Jan 27, 2014. Justice Alito joins the opinion except for Part III-B. Justice Ginsburg filed an opinion concurring in the judgment, which Justice Sotomayor joined.
Issue: (1) Whether the crime of distribution of drugs causing death under 21 U.S.C. § 841 is a strict liability crime, without a foreseeability or proximate cause requirement; and (2) whether a person can be convicted for distribution of heroin causing death utilizing jury instructions which allow a conviction when the heroin that was distributed “contributed to,” death by “mixed drug intoxication,” but was not the sole cause of death of a person.
Recommended Citation: Burrage v. United States, SCOTUSblog, https://www.scotusblog.com/cases/burrage-v-united-states/