United States v. Clintwood Elkhorn Mining Co., 553 U. S. 1 ___ (2008)
R029; No. 07-308; 4/15/08. The plain language of 26 U. S. C. §§7422(a) and 6511 requires a taxpayer
seeking a refund for a tax assessed in violation of the Export Clause, just as for any other unlawfully
assessed tax, to file a timely administrative refund claim before bringing suit against the Government.
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MeadWestvaco Corp. v. Illinois Dept. of Revenue, 553 U. S. 1 ___ (2008)
R030; No. 06-1413; 4/15/08. The Illinois courts erred in upholding a state tax on an apportioned share
of a multistate corporation’s capital gain realized from the sale of a business division after those courts
determined that the division and the corporation were not “unitary.”
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Baze v. Rees, 553 U. S. 1 ___ (2008)
R031; No. 07-5439; 4/16/08. The Kentucky Supreme Court’s judgment upholding Kentucky’s three-drug
lethal-injection protocol against petitioners’ claim that it violates the Eighth Amendment’s “cruel and
unusual punishments” ban is affirmed.
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Burgess v. United States, 553 U. S. 1 ___ (2008)
R032; No. 06-11429; 4/16/08. Under 21 U. S. C. §841(b)(1)(A), which enhances the mandatory minimum
sentence for certain federal drug crimes when the defendant was previously convicted of a “felony drug
offense,” the quoted term is defined exclusively by §802(44) to “mea[n] an offense . . . punishable by
imprisonment for more than one year under any law of . . . a State,” and does not incorporate the §802(13)
definition of “felony” as any “offense classified by applicable . . . law as a felony,” so that a state
drug offense punishable by more than one year qualifies as a “felony drug offense,” even if state law
classifies the offense as a misdemeanor.
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Begay v. United States, 553 U. S. 1 ___ (2008)
R033; No. 06-11543; 4/16/08. Felony driving under the influence of alcohol, as defined by New Mexico
law, is not a “violent felony” for purposes of the Armed Career Criminal Act, 18 U. S. C. §924(e), which
provides a 15-year mandatory minimum prison term for a defendant, convicted of possessing a firearm, who
has three prior convictions “for a violent felony,” and defines “violent felony,” in relevant part, as
a crime that “is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct
that presents a serious potential risk of physical injury to another,” §924(e)(2)(b)(ii).
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Virginia v. Moore, 553 U. S. 1 ___ (2008)
R034; No. 06-1082; 4/23/08. The police did not violate the Fourth Amendment when they made an arrest
that was based on probable cause but prohibited by Virginia law, or when they performed a search incident
to the arrest.
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Crawford v. Marion County Election Bd., 553 U. S. 1 ___ (2008)
R035; No. 07-21; 4/28/08. The Seventh Circuit’s judgment upholding the constitutionality of an Indiana
statute requiring citizens voting in person to present government-issued photo identification is affirmed.
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Gonzalez v. United States, 553 U. S. 1 ___ (2008)
R036; No. 06-11612; 5/12/08. Express consent by a defendant’s counsel suffices to waive the right to
have an Article III judge preside over jury selection in a federal felony trial and to permit a magistrate
judge to preside pursuant to the Federal Magistrates Act, 28 U. S. C. §636(b)(3), which allows a magistrate
judge to “be assigned such additional duties as are not inconsistent with the Constitution and laws of the
United States.”
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United States v. Ressam, 553 U. S. 1 ___ (2008)
R037; No. 07-455; 5/19/08. Since respondent was carrying explosives when he made a false statement to
a customs official in violation of 18 U. S. C. §1001, he was carrying them “during” the commission of that
felony, in violation of §844(h)(2).
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United States v. Williams, 553 U. S. 1 ___ (2008)
R038; No. 06-694; 5/19/08. As construed by this Court, 18 U. S. C. §2252A(a)(3)(B)—which criminalizes,
in specified circumstances, the pandering or solicitation of child pornography—is not overbroad under the
First Amendment or impermissibly vague under the Due Process Clause.
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Department of Revenue of Ky. v. Davis, 553 U. S. 1 ___ (2008)
R039; No. 06-666; 5/19/08. Kentucky’s differential tax scheme—which exempts from state income taxes
interest on bonds issued by Kentucky or its political subdivisions but not on bonds issued by other
States and their subdivisions—does not offend the Commerce Clause.
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United States v. Rodriquez, 553 U. S. 1 ___ (2008)
R040; No. 06-1646; 5/19/08. Because a state drug-trafficking conviction qualifies as “a serious
drug offense” if “a maximum term of imprisonment of ten years or more is prescribed by law,” 18 U. S. C.
§924(e)(2)(A)(ii), and the maximum term respondent faced on Washington state drug convictions was 10
years under a state recidivist law, the state convictions had to be counted under the Armed Career
Criminal Act, §924(e), to enhance respondent’s sentence on his conviction for the federal crime of
possession of a firearm by a convicted felon, §922(g)(1).
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