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Big SCOTUS sentencing week, starting with Burgess argument

By Douglas A. Berman

As detailed in SCOTUSblog posts here and here, an exciting sentencing week for the Justices gets off to a flying start with argument this morning in Burgess over the on what qualifies as a "felony drug offense" for federal sentencing purposes.   Burgess provides the Supreme Court with a great setting to discuss the application of the "rule of lenity" in the interpretation of federal sentencing statutes (with sentencing guru Jeff Fisher arguing for the defendant). SCOTUSwiki has more on Burgess here (including links to briefs). In addition to Burgess, this week also brings oral argument in Ressam concerning whether the federal law mandating 10 years in prison for carrying an explosive during the commission of a felony requires the explosives to be carried "in relation to" the underlying felony...continue to full post

Full post as published by Sentencing Law and Policy on March 24, 2008 (boomark / email).