Burgess v. United States
| 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 §841(b)(1)(A) of the Controlled Substances Act is taken from §802(44) and not §802(13), thereby dismissing the definition of "misdemeanor" and "felony" in any non-federal jurisdiction. | |
| Court membership | |
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| 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 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.