2008 United States Supreme Court case
| Keith Lavon Burges v United States | |
|---|---|
 Supreme Court of the United States | |
| Argued March 24, 2008 Decided April 16, 2008 | |
| Full case name | Burgess v United States |
| Citations | 553 U.S. 124 (more)128 S.Ct. 1572; 170 L. Ed. 2d 478; 2008 U.S. LEXIS 3475 |
| Case history | |
| Prior | Appeals court affirmed conviction, 478 F.3d 658 (4th Cir. 2007). |
| Holding | |
| States classification of a drug offense as misdemeanor, that was punishable by more than 1 year in jail was classified as a felony drug offense under federal law. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Ginsburg, joined by unanimous |
| Laws applied | |
| 21 U.S.C. 841 | |
Burgess v. United States, 553 U.S. 124 (2008), was a United States Supreme Court case concerning the interpretation of the words "federal drug offense" in the Controlled Substances Act.
Background
Keith Lavon Burgess was convicted in a South Carolina state court for cocaine possession. Although the maximum sentence under state law was two years, South Carolina classified the offense as a misdemeanor, rather than a felony. At a later proceeding, Burgess pleaded guilty for conspiracy to possess with intent to distribute 50 grams or more of cocaine in Federal Court. At his sentencing, the judge applied to Burgess the "prior conviction" statute, which required a minimum twenty-year sentence for anyone with a prior "felony drug conviction." In Burgess' appeal to the Court he maintained that since South Carolina considered his first offense a misdemeanor, the "prior felony drug conviction" did not apply.
Opinion of the Court
In a unanimous opinion written by Justice Ruth Bader Ginsburg, the Supreme Court rejected Burgess' appeal, holding that "felony" refers to any offense that is punishable for more than a year even if another jurisdiction classifies the offense as a misdemeanor.
See also
- Lopez v. Gonzales: state felony conviction that would be a federal misdemeanor
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Roberts Court
References
- Burgess v. United States, 553 U.S. 124, 126-27 (2008).
- Burgess, 553 U.S. at 127 (citing S. C. Code Ann. § 44–53–370(c) and (d)(1) (2002 and Supp. 2007)).
- Burgess, 553 U.S. at 127 (citing § 44–53–370(d)(1)).
- Burgess, 553 U.S. at 127.
- Burgess, 553 U.S. at 128 ("The court granted the motion and sentenced Burgess to 156 months' imprisonment followed by ten years' supervised release.").
- Burgess, 553 U.S. at 128.
- Burgess, 553 U.S. at 134, 136.
External links
- Text of Burgess v. United States, 553 U.S. 124 (2008) is available from: Cornell CourtListener Google Scholar Justia Oyez (oral argument audio) Google Scholar
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