Supreme Court of the United States

Adrian Moncrieffe, Petitioner v. Eric H. Holder, Jr.

April 23, 2013133 S. Ct. 1678

Summary

Justice Thomas dissents, arguing that the plain meaning of 18 U.S.C. § 924(c)(2) requires a state offense to be a felony and punishable under the Controlled Substances Act to count as an aggravated felony, and that the majority’s departure creates inconsistency. He contends that Moncrieffe’s Georgia conviction should be treated as an aggravated felony and that the Court’s approach ignores the statutory text.