Burrage v. United States
134 S. Ct. 881
| SCOTUS | 2014Background
- Banka died after a heroin binge in which Burrage supplied the heroin.
- Burrage was charged under 21 U.S.C. §841(b)(1)(C) for death results from the drug's use, carrying a 20-year mandatory minimum.
- Medical experts opined Banka’s death involved multiple drugs with heroin contributing to respiratory depression; but-for causation of death by heroin was disputed.
- District Court instructed the jury that the government needed to prove heroin was a contributing cause, not a but-for cause.
- Eighth Circuit affirmed Burrage’s conviction, upholding the contributing-cause instruction.
- Supreme Court granted certiorari to resolve whether but-for causation is required for the death-result enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether death results from the drug use requires but-for causality. | Burrage: but-for causation required. | United States: contributing/aggregate factors suffice. | But-for causation required; death results means but-for causality. |
| Whether the jury must be instructed that death must be a but-for result of the drug use. | Burrage: jury must find but-for causation. | United States: alternative causation theories permissible. | Jury must find but-for causation for the death-results enhancement. |
| Whether the government’s proposed contributing-factor theory can sustain §841(b)(1)(C) liability. | Burrage: theory improperly lowers causation standard. | United States: allowed under statute as a causal factor. | Rejected; but-for causation controls. |
Key Cases Cited
- Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47 (U.S. 2007) (but-for/causation principles in statutory interpretation)
- Gross v. FBL Fin. Servs., Inc., 557 U.S. 167 (U.S. 2009) (‘because of’ requires but-for causation)
- United States v. Hatfield, 591 F.3d 945 (7th Cir. 2010) (causation concepts in criminal nuisance/overdose context)
- Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo. 1993) (but-for causation in medical/causation statutes)
- State v. Frazier, 339 Mo. 966 (Mo. 1936) (but-for causation examples in lethal outcomes)