Burrage v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-7515 | 8th Cir. | Nov 12, 2013 | Jan 27, 2014 | 9-0 | Scalia | OT 2013 |
Holding: At least when the use of a drug distributed by the defendant is not an independently sufficient cause of the victim's death or serious bodily injury, a defendant cannot be liable for penalty enhancement under the penalty enhancement provision of the Controlled Substance Act unless such use is a but-for cause of the death or injury.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Scalia on January 27, 2014. Justice Alito joins the opinion except for Part III-B. Justice Ginsburg filed an opinion concurring in the judgment, which Justice Sotomayor joined.
SCOTUSblog Coverage
- Post-argument debate on Paroline (Lyle Denniston, March 12, 2014)
- Court calls for new briefs on child porn (UPDATED) (Lyle Denniston, February 21, 2014)
- Opinion analysis: New limit on tougher drug sentence (Lyle Denniston, January 27, 2014)
- Argument recap: What is the cause of an effect? (Lyle Denniston, November 12, 2013)
- Argument preview: Crime and death's cause (Lyle Denniston, November 11, 2013)
- Court to rule on deadly drugs (Lyle Denniston, April 29, 2013)
| Date | Proceedings and Orders |
|---|---|
| 11/27/2012 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2013) |
| 12/05/2012 | Waiver of right of respondent United States to respond filed. |
| 12/13/2012 | DISTRIBUTED for Conference of January 4, 2013. |
| 12/27/2012 | Response Requested . (Due January 28, 2013) |
| 01/23/2013 | Order extending time to file response to petition to and including February 27, 2013. |
| 02/15/2013 | Order further extending time to file response to petition to and including March 29, 2013. |
| 03/26/2013 | Brief of respondent United States in opposition filed. |
| 04/03/2013 | Reply of petitioner Marcus Andrew Burrage filed. (Distributed) |
| 04/11/2013 | DISTRIBUTED for Conference of April 26, 2013. |
| 04/29/2013 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Questions 1 and 2 presented by the petition. |
| 05/09/2013 | Motion to appoint counsel filed by petitioner Marcus Andrew Burrage. |
| 06/06/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 19, 2013. |
| 06/06/2013 | The time to file respondent's brief on the merits is extended to and including September 20, 2013. |
| 06/10/2013 | Motion DISTRIBUTED for Conference of June 13, 2013. |
| 06/17/2013 | Motion to appoint counsel filed by petitioner GRANTED. Angela L. Campbell, Esq., of Des Moines, Iowa, is appointed to serve as counsel for the petitioner in this case. |
| 07/19/2013 | Joint appendix filed. (Statement of costs filed.) |
| 07/19/2013 | Brief of petitioner Marcus Andrew Burrage filed. |
| 07/26/2013 | Brief amicus curiae of Families Against Mandatory Minimums filed. |
| 07/26/2013 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 08/19/2013 | CIRCULATED. |
| 08/20/2013 | SET FOR ARGUMENT on Tuesday, November 12, 2013. |
| 09/12/2013 | The time to file respondent's brief on the merits is further extended to and including October 1, 2013. |
| 09/13/2013 | Record received from U.S.C.A. for 8th Circuit. (1 box) |
| 09/17/2013 | Record from U.S. District Court, Southern Dist. of Iowa is electronic (Not PACER). |
| 09/17/2013 | Exhibits received from U.S.D.C. of Iowa. Paper and CD exhibits. (1 box) |
| 10/01/2013 | Brief of respondent United States filed. (Distributed) |
| 10/08/2013 | Brief amici curiae of Alaska, et al. filed. (Distributed) |
| 10/31/2013 | Reply of petitioner Marcus Andrew Burrage filed. (Distributed) |
| 11/12/2013 | Argued. For petitioner: Angela L. Campbell, Des Moines, Iowa (Appointed by this Court.) For respondent: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 01/27/2014 | Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, and Kagan, JJ., joined, and in which Alito, J., joined as to all but Part III-B. Ginsburg, J., filed an opinion concurring in the judgment, in which Sotomayor, J., joined. |
| 02/28/2014 | JUDGMENT ISSUED. |
| 08/01/2014 | Record returned for U.S.C.A. 8th Circuit. |
| 08/01/2014 | Record returned for U.S.D.C. Southern District of Iowa-Des Moines. |
Issue: (1) Whether the crime of distribution of drugs causing death under 21 U.S.C. § 841 is a strict liability crime, without a foreseeability or proximate cause requirement; and (2) whether a person can be convicted for distribution of heroin causing death utilizing jury instructions which allow a conviction when the heroin that was distributed “contributed to,” death by “mixed drug intoxication,” but was not the sole cause of death of a person.