Burgess v. United States
Encyclopedia
Burgess v. United States, 553 U.S. 124 (2008), is a United States Supreme Court case concerning the interpretation of the words "federal drug offense" in the Controlled Substances Act
.
Keith Lavon Burgess was convicted in a South Carolina
state court for cocaine
possession. The maximum sentence under state law was two years. The offense was punishable by more than one year, but South Carolina considered it a misdemeanor
, not a felony
. Burgess then pleaded guilty for conspiracy to possess with intent to distribute 50 grams or more of cocaine
in Federal Court
. 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." 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. The Supreme Court rejected his 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.
Controlled Substances Act
The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
.
Keith Lavon Burgess was convicted in a South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
state court for cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
possession. The maximum sentence under state law was two years. The offense was punishable by more than one year, but South Carolina considered it a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, not a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. Burgess then pleaded guilty for conspiracy to possess with intent to distribute 50 grams or more of cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
in Federal Court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
. 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." 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. The Supreme Court rejected his 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.
External links
- Full opinion from Cornell LII