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Burgess v. United States

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Keith Lavon Burges v United States
Argued March 24, 2008
Decided April 16, 2008
Full case nameBurgess v United States
Citations553 U.S. 124 (more)
128 S.Ct. 1572; 170 L. Ed. 2d 478; 2008 U.S. LEXIS 3475
Case history
PriorAppeals 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
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Case opinion
MajorityGinsburg, 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.[1]

Background

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Keith Lavon Burgess was convicted in a South Carolina state court for cocaine possession.[2] Although the maximum sentence under state law was two years, South Carolina classified the offense as a misdemeanor, rather than a felony.[3] At a later proceeding, Burgess pleaded guilty for conspiracy to possess with intent to distribute 50 grams or more of cocaine in Federal Court.[4] 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."[5] 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.[6]

Opinion of the Court

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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.[7]

See also

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References

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  1. ^ Burgess v. United States, 553 U.S. 124, 126-27 (2008).
  2. ^ Burgess, 553 U.S. at 127 (citing S. C. Code Ann. § 44–53–370(c) and (d)(1) (2002 and Supp. 2007)).
  3. ^ Burgess, 553 U.S. at 127 (citing § 44–53–370(d)(1)).
  4. ^ Burgess, 553 U.S. at 127.
  5. ^ Burgess, 553 U.S. at 128 ("The court granted the motion and sentenced Burgess to 156 months' imprisonment followed by ten years' supervised release.").
  6. ^ Burgess, 553 U.S. at 128.
  7. ^ Burgess, 553 U.S. at 134, 136.
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