Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Burgess v. US

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

Issue: 1. Whether the term “felony drug offense” as used in federal statutes requiring imposition of enhanced mandatory minimum 20 years’ imprisonment when drug offender has “prior conviction for a felony drug offense” must be read in pari materia with federal statutes defining both “felony” and “felony drug offense”, so as” to require imposition of minimum 20-year sentence only if prior drug conviction as both punishable by more “than one year in prison and characterized as a felony by controlling law; 2. When the court finds that a criminal statute is ambiguous, must it then turn to the rule of lenity to resolve ambiguity?

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

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