Burgess v. United States
2008 United States Supreme Court case
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Burgess v. United States, 553 U.S. 124 (2008), was a United States Supreme Court case in which the court held that the definition of "serious drug felony" for the purposes of sentencing an individual as having a prior drug conviction is taken from 21 U.S. Code § 802(44) and not § 802(13). The former definition ties the meaning of "felony drug offense" to a drug offense punishable by more than a year in prison regardless of the jurisdiction, while the latter has a broader jurisdiction.[1]
| Keith Lavon Burges v 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 | |
| The definition of "serious drug felony" for the purposes of sentencing under the Controlled Substances Act does not include "misdemeanor" and "felony" in any non-federal jurisdiction. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Ginsburg, joined by unanimous |
| Laws applied | |
| 21 U.S.C. 841 | |
Background
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
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
- Lopez v. Gonzales: state felony conviction that would be a federal misdemeanor
