WebNov 12, 2013 · The district court judge declined to give Burrage’s proposed instructions and instead instructed the jury that they could convict Burrage if the government had proven … WebMay 20, 2024 · And in Burrage, the Court held that, to convict a defendant under 21 U.S.C. § 841 (b) (1) for a drug crime in which “death or serious bodily injury results from the use of such substance,” the government must show that the use of the drug is a but-for cause of the death, rather than merely a contributing cause. 571 U.S. at 218-19, 134 S.Ct. 881.
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BURRAGE v. UNITED STATES certiorari to the united states court of appeals for the eighth circuit No. 12–7515. Argued November 12, 2013—Decided January 27, 2014 Long-time drug user Banka died following an extended binge that included using heroin purchased from petitioner Burrage. See more As originally enacted, the Controlled Substances Act, 84 Stat. 1242, 21 U. S. C. §801 et seq., “tied the penalties for drug offenses to both the type of drug and the quantity involved, … See more We hold that, at least where use of the drug distributed by the defendant is not an independently sufficient cause of the victim’s death or serious bodily injury, a defendant cannot be … See more WebBurrage v. United States (LIIBULLETIN preview (pre-2014)) Facts On November 17, 2009, Breanna Brown, a confidential informant cooperating with the Central Iowa Drug Task Force, conducted a controlled buy of heroin from suspected drug dealer “Lil C.” See United States v. Burrage, 687 F.3d 1015, 1018 (8th Cir.... But-for test (Wex page) calgary barber shop se
Burrage v. United States - Justia
WebJan 15, 2024 · United States v. Sistrunk, 612 F.3d 988, 991 (8th Cir. 2010). II. On appeal, Burrage contests only the Grade A violation. Officer Mancha, who seized the heroin, testified about the search and arrest. He identified the lab report analyzing the heroin. On cross-examination, he testified about transporting and storing the heroin. WebApr 11, 2024 · See Burrage v. United States, 571 U.S. 204, 207 (2014) (“A metabolite is a product of metabolism, or . . . what a drug breaks down into in the body.” (citation and internal quotation marks omitted)). As a result, individuals can have both hydrocodone and hydromorphone in their bodies from ingesting only hydrocodone. WebJan 16, 2024 · United States. The district court dismissed the petition for lack of jurisdiction. The court concluded that, as a substantive decision narrowing the scope a federal criminal statute, Burrage applies retroactively to cases on collateral review. coaching squad