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Statutory Interpretation

By Kent Scheidegger et al.

Nearly lost in the hubbub over Baze v. Rees were two federal sentencing decisions handed down by the high court this week. For those who practice mainly in the state courts, the results are less important than the statutory interpretation principles applied. These are likely to have persuasive value in state cases. Rule of Lenity: In Burgess v. United States, the Court addressed when a prior is a "felony drug offense." It is a drug offense punishable by more than a year, even if the state that imposed it has an oddball rule where a defendant can get more than a year but it's still a misdemeanor. Why? Because Congress said so in a specific definition statute, and the specific controls more general language elsewhere. No surprise there...continue to full post

Full post as published by Crime and Consequences on April 18, 2008 (boomark / email).