Briefly Mentioned :

Briefly Noted :

The chief justice has submitted to Congress proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure.

Burgess v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
06-11429 4th Cir. Mar 24, 2008
Tr.Aud.
Apr 16, 2008 9-0 Ginsburg OT 2007

Holding: Because the term "felony drug offense" in Section 841(b)(1)(A) of the Controlled Substances Act is defined exclusively by Section 802(44) and does not incorporate Section 802(13)'s definition of "felony," a state drug offense punishable by more than one year qualifies as a "felony drug offense," even if state law classifies the offense as a misdemeanor.

Judgment: Affirmed, 9-0, in an opinion by Justice Ruth Bader Ginsburg on April 16, 2008.

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