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..
Background Keith Lavon Burgess was convicted in a South Carolina state court for cocaine possession.Burgess, 553 U.S. at 127 (citing S. C. Code Ann. § 44–53–370(c) and (d)(1) (2002 and Supp. 2007)). Although the maximum sentence under state law was two years, South Carolina classified the offense as a misdemeanor, rather than a felony.Burgess, 553 U.S. at 127 (citing § 44–53–370(d)(1)). At a later proceeding, Burgess pleaded guilty for conspiracy to possess with intent to distribute 50 grams or more of cocaine in Federal Court.Burgess, 553 U.S. at 127. 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."Burgess, 553 U.S. at 128 ("The court granted the motion and sentenced Burgess to 156 months' imprisonment followed by ten years' supervised release."). 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.Burgess, 553 U.S. at 128.
Opinion of the Court In a unanimous opinion written by Justice Ruth Bader Ginsburg, the Supreme Court rejected Burgess' 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.Burgess, 553 U.S. at 134, 136.
See also Lopez v. Gonzales: state felony conviction that would be a federal misdemeanor
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