United States Supreme Court

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Burgess v. US, 06-11429

The term "felony drug offense" contained in the Controlled Substances Act's (CSA), 21 U.S.C. section 841(b)(1)(A), provision for a 20-year minimum sentence, is defined exclusively by section 802(44) and does not incorporate section 802(13)'s definition of "felony." Consequently, 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.

Appellate Information

  • Decided 04/16/2008
  • Published 04/16/2008

Judges

Court

  • United States Supreme Court

Counsel