OPINION OF THE COURT
BURGESS V. UNITED STATES
553 U. S. ____ (2008)
SUPREME COURT OF THE UNITED STATES
NO. 06-11429
KEITH LAVON BURGESS, PETITIONER
v. UNITED
STATES
on writ of certiorari to the united states court of
appeals for the fourth circuit
[April 16, 2008]
Justice Ginsburg delivered the
opinion of the Court.
For certain federal drug
offenses, the Controlled Substances Act mandates a minimum sentence
of imprisonment for 10 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 whether a state drug offense classified as a misdemeanor, but
punishable by more than one year’s imprisonment, is a “felony drug
offense” as that term is used in §841(b)(1)(A).
Two statutory definitions figure in our
decision. Section 802(13) defines the unadorned term “felony” to
mean any “offense classified by applicable Federal or State law as
a felony.” Section 802(44) defines the compound term “felony drug
offense” to mean an offense involving specified drugs that is
“punishable by imprisonment for more than one year under any law of
the United States or of a State or foreign country.”
The term “felony drug offense” contained in
§841(b)(1)(A)’s provision for a 20-year minimum sentence, we hold,
is defined exclusively by §802(44) and does not incorporate
§802(13)’s definition of “felony.” A state drug offense punishable
by more than one year therefore qualifies as a “felony drug
offense,” even if state law classifies the offense as a
misdemeanor.
I
Petitioner Keith Lavon Burgess
pleaded guilty in the United States District Court for the District
of South Carolina to conspiracy to possess with intent to
distribute 50 grams or more of cocaine base in violation of 21 U.
S. C. §§841(a) and 846.[
Footnote 1] A violation of §841(a) involving that quantity
of cocaine base ordinarily carries a mandatory minimum sentence of
10 years. §841(b)(1)(A). The minimum sentence increases to 20
years, however, if the crime follows a prior conviction for a
“felony drug offense.”
Ibid.
Burgess had previously been
convicted of possessing cocaine in violation of S. C. Code
Ann. §44–53–370(c) and (d)(1) (2002 and Supp. 2007). Although that
offense carried a maximum sentence of two years’ imprisonment,
South Carolina classified it as a misdemeanor. §44–53–370(d)(1).
Burgess’ prior South Carolina conviction, the Government urged,
raised the minimum sentence for his federal conviction to 20 years.
The enhancement was mandatory, the Government maintained, because
Congress defined “felony drug offense” to include state cocaine
offenses “punishable by imprisonment for more than one year.” 21 U.
S. C. §802(44).[Footnote
2]
Burgess contested the enhancement of his
federal sentence. The term “felony drug offense,” he argued,
incorporates the term “felony,” a word separately defined in
§802(13) to mean “any Federal or State offense classified by
applicable Federal or State law as a felony.” A prior drug offense
does not rank as a “felony drug offense,” he contended, unless it
is (1) classified as a felony under the law of the punishing
jurisdiction, per §802(13); and (2) punishable by more than one
year’s imprisonment, per §802(44).
Rejecting Burgess’ argument, the District
Court ruled that §802(44) alone controls the meaning of “felony
drug offense” as that term is used in §841(b)(1)(A). Although the
District Court’s ruling subjected Burgess to a 20-year minimum
sentence, the Government moved for a downward departure based on
Burgess’ substantial assistance in another prosecution. See 18 U.
S. C. §3553(e) (2000 ed., Supp. V). The court granted the
motion and sentenced Burgess to 156 months’ imprisonment followed
by ten years’ supervised release.
The United States Court of Appeals for the
Fourth Circuit affirmed. The “ ‘commonsense way to interpret
“felony drug offense,” ’ ” that court said, “ ‘is by
reference to the definition in §802(44).’ ” 478 F. 3d
658, 662 (2007) (quoting United States v.
Roberson,
459 F. 3d 39, 52 (CA1 2006)). The Fourth Circuit found nothing
in the “plain language or statutory scheme … to indicate that
Congress intended ‘felony drug offense’ also to incorporate the
definition [of ‘felony’] in §802(13).” 478 F. 3d, at 662.
Burgess, proceeding
pro se,
petitioned for a writ of certiorari. We granted the writ, 552 U. S.
___ (2007), to resolve a split among the Circuits on the question
Burgess presents: Does a drug crime classified as a misdemeanor by
state law, but punishable by more than one year’s imprisonment,
rank as a “felony drug offense” under 21 U. S. C.
§841(b)(1)(A)? Compare 478 F. 3d 658 (case below), and
Roberson, 459 F. 3d 39 (§802(44) provides exclusive
definition of “felony drug offense”), with
United States
v.
West, 393 F. 3d 1302 (CADC 2005) (both §802(13)
and §802(44) limit meaning of “felony drug offense”).
II
A
The Controlled Substances Act
(CSA), 21 U. S. C. §801
et seq., contains two
definitions central to the dispute before us; they bear repetition
in full. Section 802(13) provides:
“The term ‘felony’ means any Federal or State
offense classified by applicable Federal or State law as a
felony.”
Section 802(44) states:
“The term ‘felony drug offense’ means an offense
that is punishable by imprisonment for more than one year under any
law of the United States or of a State or foreign country that
prohibits or restricts conduct relating to narcotic drugs,
marihuana, anabolic steroids, or depressant or stimulant
substances.”
Burgess argues here, as he did
below, that “felony drug offense,” as used in §841(b)(1)(A), should
be construed to incorporate both the definition of “felony” in
§802(13) and the definition of “felony drug offense” in §802(44).
Under his reading, the §841(b)(1)(A) enhancement is triggered only
when the prior conviction is both “classified by applicable Federal
or State law as a felony,” §802(13), and “punishable by
imprisonment for more than one year,” §802(44).
The Government, in contrast, reads §802(44) to
provide the exclusive definition of “felony drug offense.” Under
the Government’s reading, all defendants whose prior drug crimes
were punishable by more than one year in prison would be subject to
the §841(b)(1)(A) enhancement, regardless of the punishing
jurisdiction’s classification of the offense.
The Government’s reading, we are convinced,
correctly interprets the statutory text and context. Section
802(44) defines the precise phrase used in §841(b)(1)(A)—“felony
drug offense.” “Statutory definitions control the meaning of
statutory words … in the usual case.”
Lawson v.
Suwannee Fruit & S. S. Co.,
336 U. S. 198, 201
(1949). See also
Stenberg v.
Carhart,
530 U. S. 914, 942
(2000) (“When a statute includes an explicit definition, we must
follow that definition … .”); 2A N. Singer & J. Singer,
Statutes and Statutory Construction §47:7, pp. 298–299, and
nn. 2–3 (7th ed. 2007) (hereinafter Singer).
The CSA, to be sure, also defines the term
“felony.” The language and structure of the statute, however,
indicate that Congress used the phrase “felony drug offense” as a
term of art defined by §802(44) without reference to §802(13).
First, Congress stated that “[t]he term ‘felony drug offense’
means an offense that is punishable by imprisonment for
more than one year.” §802(44) (emphasis added). “As a rule, [a]
definition which declares what a term ‘means’ … excludes any
meaning that is not stated.”
Colautti v.
Franklin,
439 U. S. 379, 392–393,
n. 10 (1979) (some internal quotation marks omitted). See also
Groman v.
Commissioner,
302 U. S. 82, 86 (1937); 2A Singer
§47:7, p. 306, and n. 20.
Second, the term “felony” is commonly defined
to mean a crime punishable by imprisonment for more than one year.
See,
e.g., 18 U. S. C. §3559(a) (classifying crimes
with a maximum term of more than one year as felonies); Black’s Law
Dictionary 651 (8th ed. 2004) (defining “felony” as “[a] serious
crime usu[ally] punishable by imprisonment for more than one year
or by death”). Section 802(44)’s definition of “felony drug
offense” as “an offense … punishable by imprisonment for more than
one year,” in short, leaves no blank to be filled by §802(13) or
any other definition of “felony.”
Third, if Congress wanted “felony drug
offense” to incorporate the definition of “felony” in §802(13), it
easily could have written §802(44) to state: “The term ‘felony drug
offense’ means a
felony that is punishable by imprisonment
for more than one year … .” See
Roberson, 459
F. 3d, at 52. Congress has often used that drafting
technique—
i.e., repeating a discretely defined word—when
it intends to incorporate the definition of a particular word into
the definition of a compound expression. See,
e.g., 15 U.
S. C. §1672(a)–(b) (defining “earnings” and then defining
“disposable earnings” as “that part of the earnings” meeting
certain criteria); 18 U. S. C. §1956(c)(3)–(4) (defining
“transaction” and then defining “financial transaction” as “a
transaction which” meets other criteria); §1961(1), (5) (2000 ed.
and Supp. V) (defining “racketeering activity” and then defining
“pattern of racketeering activity” to require “at least two acts of
racketeering activity”).[
Footnote
3]
Fourth, our reading avoids anomalies that
would arise if both 21 U. S. C. §802(13) and §802(44) governed
application of the sentencing enhancement in §841(b)(1)(A).
Notably, §802(44) includes foreign offenses punishable by more than
one year, while §802(13) includes only federal and state offenses.
Incorporation of §802(13) into §841(b)(1)(A) would exclude
enhancement based on a foreign offense, notwithstanding the express
inclusion of foreign offenses in §802(44)’s definition of “felony
drug offense.” Furthermore, some States and many foreign
jurisdictions do not label offenses as felonies or misdemeanors.
See N. J. Stat. Ann. §2C:1–4 (West 2005); Me. Rev. Stat. Ann.,
Tit. 17–A, §1252 (Supp. 2007); Brief for United States 35. Burgess’
compound definition of “felony drug offense” leaves unanswered the
appropriate classification of drug convictions in those
jurisdictions. See,
e.g., United States v.
Brown, 937 F. 2d 68, 70 (CA2 1991) (relying on New
Jersey common law to determine that the State classifies offenses
punishable by more than one year as felonies). No such uncertainty
arises under the precise definition Congress provided in
§802(44).
Finally, reading §802(44) as the exclusive
definition of “felony drug offense” hardly renders §802(13)
extraneous. Section 802(13) serves to define “felony” for many CSA
provisions using that unadorned term. See,
e.g.,
§§824(a)(2) (revocation of license to manufacture controlled
substances upon conviction of a felony), 843(b) (use of a
communication facility to commit a felony), 843(d)(1)–(2)
(sentencing enhancements), 843(e) (prohibition on engaging in
transactions involving listed chemicals upon conviction of a felony
involving those chemicals), 848(c)(1) (definition of “continuing
criminal enterprise”), 848(e)(1)(B) (mandatory minimum term for
killing a law enforcement officer to avoid prosecution for a
felony), 853(d) (rebuttable presumption that property acquired
during commission of certain felonies is subject to criminal
forfeiture), 878(a)(3) (authority to make warrantless arrest where
there is probable cause to believe a felony has been
committed).
B
The drafting history of the CSA
reinforces our reading of §802(44) as the exclusive definition of
“felony drug offense.” In 1988, Congress first used the term
“felony drug offense” to describe the type of prior conviction that
would trigger a 20-year mandatory minimum sentence under
§841(b)(1)(A). See National Narcotics Leadership Act, Pub. L.
100–690, §6452(a), 102 Stat. 4371. The 1988 definition of the term
was placed within §841(b)(1)(A) itself; the definition covered “an
offense that is a felony under any … Federal law … or … any law of
a State or a foreign country” prohibiting or restricting conduct
relating to certain types of drugs. §6452(a)(2),
ibid.[Footnote 4] But in 1994, Congress
amended the definition, replacing “an offense that is a
felony under … any law of a State,”
ibid.
(emphasis added), with “an offense that is
punishable by
imprisonment for more than one year under any law … of a
State,” Violent Crime Control and Law Enforcement Act, Pub. L.
103–322, §90105(c)–(d), 108 Stat. 1988 (emphasis added). In lieu of
incorporation within §841(b)(1)(A), the new definition was placed
in a discrete §802 definition section.
Ibid.
This alteration lends
considerable support to our reading of the statute. Before 1994,
the definition of “felony drug offense” depended on the vagaries of
state-law classifications of offenses as felonies or misdemeanors.
The 1994 amendments replaced that definition with a uniform federal
standard based on the authorized length of imprisonment. By
recognizing §802(44) as the exclusive definition of “felony drug
offense,” our reading serves an evident purpose of the 1994
revision: to bring a measure of uniformity to the application of
§841(b)(1)(A) by eliminating disparities based on divergent state
classifications of offenses.
By contrast, Burgess reads the 1994
alteration as merely adding a length-of-imprisonment requirement to
a definition that already required—and, he contends, continues to
require—designation of an offense as a felony by the punishing
jurisdiction. That view, however, is difficult to square with
Congress’ deletion of the word “felony” and substitution of the
phrase “punishable by imprisonment for more than one
year.”
If Burgess were correct, moreover, the
sole effect of the 1994 change would have been to exclude from the
compass of §841(b)(1)(A) the few drug offenses classified as
felonies under the law of the punishing jurisdiction but subject to
a sentence of one year or less. See Tr. of Oral Arg. 6–8.[Footnote 5] See also Brief for
Petitioner 15 (purpose of 1994 alteration was to eliminate
enhancement for “truly minor offenses” nonetheless classified as
felonies). Burgess concedes that under his reading of the statute
“the language that Congress added [in 1994] has very little
practical effect,” but defends his interpretation on the ground
that Congress labeled the changes “conforming amendments.” Tr. of
Oral Arg. 8. See also 108 Stat. 1987; Brief for Petitioner
12.
Burgess places more weight on the
“Conforming Amendments” caption than it can bear. Congress did not
disavow any intent to make substantive changes; rather, the
amendments were “conforming” because they harmonized sentencing
provisions in the CSA and the Controlled Substances Import and
Export Act, 84 Stat. 1285, 21 U. S. C. §951 et seq.
Treating the amendments as nonsubstantive would be inconsistent
with their text, not to mention Burgess’ own view that §802(44)
added a new length-of-imprisonment requirement to the definition of
“felony drug offense.”
In sum, the 1994 alteration replaced a
patchwork of state and foreign classifications with a uniform
federal standard based on the authorized term of imprisonment.
Burgess’ argument that Congress added something—the definition now
in §802(44)—but subtracted nothing encounters formidable
impediments: the text and history of the statute.
C
Burgess urges us to apply the
rule of lenity in determining whether the term “felony drug
offense” incorporates §802(13)’s definition of “felony.” “[T]he
touchstone of the rule of lenity is statutory ambiguity.”
Bifulco v.
United States,
447 U. S. 381, 387
(1980) (internal quotation marks omitted). “The rule comes into
operation at the end of the process of construing what Congress has
expressed,”
Callanan v.
United States,
364 U. S. 587, 596
(1961), and “applies only when, after consulting traditional canons
of statutory construction, we are left with an ambiguous statute,”
United States v.
Shabani,
513 U. S. 10, 17 (1994).
Here, Congress expressly defined the term “felony drug offense.”
The definition is coherent, complete, and by all signs exclusive.
Accordingly, there is no ambiguity for the rule of lenity to
resolve.
* * *
For the reasons stated, the
judgment of the Court of Appeals for the Fourth Circuit is
Affirmed.
Footnote 1
Although Title 21 of the United States Code
has not been enacted as positive law, we refer to it rather than
the underlying provisions of the Controlled Substances Act, 84
Stat. 1242, as amended, 21 U. S. C. §801
et seq., for
the sake of simplicity. The relevant provisions of Title 21 have
not changed from the time of Burgess’ offense, and all citations
are to the 2000 edition through Supplement V.
Footnote 2
Burgess received a one-year suspended
sentence for his South Carolina conviction, but does not dispute
that the offense was “
punishable by imprisonment for more
than one year.” §802(44) (emphasis added).
Footnote 3
Burgess offers four examples of defined
words nested within defined phrases where, he asserts, the
definition of the word is embraced within the phrase, although the
word is not repeated in the definition of the phrase. See Reply
Brief 11–12; Tr. of Oral Arg. 6, 11–12. In all but one of these
examples, however, the definition of the phrase is introduced by
the word “includes.” See 2 U. S. C. §1301(4), (6), (7); 18 U.
S. C. §2266(3)–(4). “[T]he word ‘includes’ is usually a term
of enlargement, and not of limitation.” 2A Singer §47:7, p. 305
(some internal quotation marks omitted). Thus “[a] term whose
statutory definition declares what it ‘includes’ is more
susceptible to extension of meaning … than where”—as in
§802(44)—“the definition declares what a term ‘means.’ ”
Ibid. See also
Groman v.
Commissioner,
302 U. S. 82, 86 (1937) (“[W]hen an
exclusive definition is intended the word ‘means’ is employed, …
whereas here the word used is ‘includes.’ ”).
Burgess’ fourth example is also inapposite. The
definition of “debtor’s principal residence” in the Bankruptcy
Code, he notes, does not repeat the word “debtor,” itself a
discretely defined term. See 11 U. S. C. §101(13), (13A) (2000
ed., Supp. V). Section 101(13A) states: “The term ‘debtor’s
principal residence’—(A) means a residential structure, including
incidental property, without regard to whether that structure is
attached to real property; and (B) includes an individual
condominium or cooperative unit, a mobile or manufactured home, or
trailer.” That definition, unlike 21 U. S. C. §802(44), is
incomplete on its face because nothing in the definition of
“debtor’s principal residence” elucidates the word “debtor’s.”
Given that void and 11 U. S. C. §101(13A)’s placement in the
Bankruptcy Code, it is reasonable to assume that Congress wanted
courts to read the phrase “debtor’s principal residence” in light
of the separate definition of “debtor.” Indeed, a contrary reading
would yield the absurd result that
every residential
structure is a “debtor’s principal residence.”
At most, therefore, Burgess’ fourth example illustrates the
importance of considering context in applying canons of statutory
construction. There may well be other examples lurking in the
United States Code of nested terms that draw their meaning from two
different statutory provisions without repeating one term in the
definition of the other. But “felony drug offense” is not among
them.
Footnote 4
The full definition stated:
“For purposes of this subparagraph, the term ‘felony drug
offense’ means an offense that is a felony under any provision of
this title or any other Federal law that prohibits or restricts
conduct relating to narcotic drugs, marihuana, or depressant or
stimulant substances or a felony under any law of a State or a
foreign country that prohibits or restricts conduct relating to
narcotic drugs, marihuana, or depressant or stimulant substances.”
National Narcotics Leadership Act of 1988, Pub. L. 100–690,
§6452(a)(2), 102 Stat. 4371.
Footnote 5
The examples provided by Burgess of such
atypical categorization, Brief for Petitioner 22, all carry maximum
sentences of exactly one year. See Ariz. Rev. Stat. Ann.
§§13–701(C)(5) (West 2001), 13–3405(B)(1) (West Supp. 2007); Ohio
Rev. Code Ann. §§2925.11(C) (Lexis 2007 Cum. Supp.), 2929.14(A)(5)
(Lexis Supp. 2007); N. C. Gen. Stat. Ann. §§15A–1340.17,
90–95(d) (Lexis 2007).
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