United States v. Marcus Burrage
747 F.3d 995
8th Cir.2014Background
- Burrage convicted Marcus Burrage of distribution of heroin and distribution resulting in death under 21 U.S.C. § 841(a)(1),(b)(1)(C).
- Supreme Court reversed on Count 2, vacating this court’s previous opinion and remanding for a ruling consistent with Burrage v. United States.
- District court instructed the jury with a “contributing cause” causation standard rather than proximate/but-for causation.
- This court previously held no proximate causation requirement under § 841(b)(1) and allowed the contributing-cause framing.
- On remand, the court held there was insufficient evidence to sustain Count 2 under Burrage and directed a judgment on the lesser included offense, with Count 1 affirmed.
- Remand for entry of judgment on the lesser offense and resentencing on both counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation standard under § 841(b)(1)(C) after Burrage | Burrage argued proximate/but-for causation is required. | Government argued no proximate cause is required; contributing cause suffices. | But-for causation required; Count 2 reversed. |
| Sufficiency of evidence for Count 2 after Burrage | Evidence supported felony distribution resulting in death. | Evidence insufficient to show but-for death from heroin use. | Count 2 reversed; insufficient evidence for death resulting from heroin use. |
| Choice of conviction on lesser included offense | If Count 2 invalid, conviction on lesser offense should not stand. | Lesser offense evidence may sustain conviction. | Conviction on lesser included offense sustained; Count 2 judgment entered on distribution of a controlled substance. |
| Affirmation of Count 1 and remand for resentencing | Count 1 upheld; resentencing should reflect reversal on Count 2. | Counts jointly sentenced; no change. | Count 1 affirmed; remand for resentencing on both counts. |
Key Cases Cited
- United States v. Monnier, 412 F.3d 859 (8th Cir. 2005) (definitional/causation standards for § 841(b)(1))
- United States v. McIntosh, 236 F.3d 968 (8th Cir. 2001) (proximate cause not required under § 841(b)(1))
- United States v. Plenty Arrows, 946 F.2d 62 (8th Cir. 1991) (authority to direct entry of judgment on lesser included offense)
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (en banc: procedural error includes improper guideline calculation)
- United States v. Thompson, 690 F.3d 977 (8th Cir. 2012) (reversal of multiple convictions prompts remand for resentencing)
- Burrage v. United States, 134 S. Ct. 881 (S. Ct. 2014) (but-for causation required for § 841(b)(1)(C) when drug use is not independently sufficient)