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BURGESS v. U.S.

No. 06-11429.

128 S.Ct. 1572 (2008)

553 U.S. 124

170 L.Ed.2d 478

Keith Lavon BURGESS, Petitioner, v. UNITED STATES.

Supreme Court of United States.

Decided April 16, 2008.

Attorney(s) appearing for the Case

Jeffrey L. Fisher , Stanford, CA, appointed by this Court, for petitioner.

Nicole A. Saharsky , Washington, D.C., for respondent.

Laurence H. Tribe , Harvard Law School Supreme Court Litigation Clinic, Cambridge, MA, Thomas C. Goldstein , Akin, Gump, Strauss, Hauer & Feld LLP, Washington, DC, Amy Howe , Kevin K. Russell , Howe & Russell, P.C., Bethesda, MD, Jeffrey L. Fisher , Counsel of Record, Pamela S. Karlan , Stanford Law School, Stanford, CA, for petitioner.

Paul D. Clement , Solicitor General, Counsel of Record, Alice S. Fisher , Assistant Attorney General, Michael R. Dreeben , Deputy Solicitor General, Nicole A. Saharsky , Assistant to the Solicitor General, Daniel S. Goodman , Attorney, Department of Justice, Washington, D.C., for respondent.

For certain federal drug offenses, the Controlled Substances Act mandates a minimum sentence of imprisonment for ten years. 21 U.S.C. § 841(b)(1)(A). That minimum doubles to 20 years for defendants previously convicted of a "felony drug offense." Ibid. The question in this case is...

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