Legal Opinion

Burgess v. United States

Supreme Court of the United States

Decided April 16, 2008No. 06-11429PublishedCited by 247 opinions

1Opinion of the CourtJustice Ginsburg

For certain federal drug offenses, the Controlled Substances Act mandates a minimum sentence of imprisonment for ten years. 21 U. S. C. § 841(b)(1)(A). That minimum doubles to 20 years for defendants previously convicted of a “felony drug offense.” Ibid. The question in this case is whether a state drug offense classified as a misdemeanor, but punishable by more than one year’s imprisonment, is a “felony drug offense” as that term is used in § 841(b)(1)(A).

Two statutory definitions figure in our decision. Section 802(13) defines the unadorned term “felony” to mean any “offense classified by…

2Cases cited11 opinions

  1. Colautti v. FranklinSupreme Court of the United States · 1979
  2. Bifulco v. United StatesSupreme Court of the United States · 1980
  3. United States v. ShabaniSupreme Court of the United States · 1994
  4. Callanan v. United StatesSupreme Court of the United States · 1961
  5. Stenberg v. CarhartSupreme Court of the United States · 2000

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3Cited by247 opinions

  1. Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
  2. Bilski v. KapposSupreme Court of the United States · 2010
  3. Digital Realty Trust, Inc. v. SomersSupreme Court of the United States · 2018
  4. Tanzin v. TanvirSupreme Court of the United States · 2020
  5. James Latiolais v. Eagle, IncorporatedCourt of Appeals for the Fifth Circuit · 2020

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