Santillana v. Upton

Petitioner, convicted of distributing a schedule II controlled substance that resulted in the death of another individual, seeks habeas relief under Burrage v. 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. In this case, based on the indictment and instruction, the court cannot say that the jury found that methadone was a but-for cause of death, nor can it say that what the jury did find was criminal activity. The court explained that it is possible that it found that methadone was merely a contributing cause of death, the exact problem in Burrage. Therefore, the court concluded that petitioner has satisfied her burden to show that she was potentially convicted of a nonexistent offense. Accordingly, the court reversed and remanded. View "Santillana v. Upton" on Justia Law