Record returned to the U.S.C.A. for the 4th Circuit.

Record returned to the U.S.D.C. for the District of South Carolina.

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Ginsburg, J., delivered an opinion for a unanimous Court.

Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court.) For respondent: Nicole Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D.C.

Reply of petitioner Keith Lavon Burgess filed. (Distributed)

Brief of respondent United States filed. (Distributed)

Motion to dispense with printing the joint appendix filed by petitioner GRANTED. (orders list)

Record receivedf from the U.S.D.C. for the District of South Carolina. (1 envelope)

Record received from U.S.C.A. for the 4th Circuit. (1 envelope)

CIRCULATED.

Brief amici curiae of National Association of Criminal Defense Lawyers and Families Against Mandatory Minimums filed.

SET FOR ARGUMENT ON Monday, March 24, 2008

Brief of petitioner Keith Lavon Burgess filed.

Motion to dispense with printing the joint appendix filed by petitioner Keith Lavon Burgess.

Motion to appoint counsel filed by petitioner GRANTED. Jeffrey L. Fisher, Esquire, of Stanford, California, is appointed to serve as counsel for the petitioner in this case. (orders list)

Motion DISTRIBUTED for Conference of January 11, 2008.

Motion to appoint counsel filed by petitioner Keith Lavon Burgess.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. (orders list)

DISTRIBUTED for Conference of December 7, 2007.

DISTRIBUTED for Conference of November 30, 2007.

DISTRIBUTED for Conference of September 24, 2007.

Reply of petitioner Keith Lavon Burgess filed. (Distributed)

Brief of respondent United States in opposition filed.

Order extending time to file response to petition to and including August 17, 2007.

Response Requested . (Due July 18, 2007)

DISTRIBUTED for Conference of June 21, 2007.

Waiver of right of respondent United States to respond filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2007)

Keith Lavon Burgess, Petitioner, pro se

Keith Lavon Burgess, Petitioner, represented by Jeffrey L. Fisher

United States, Respondent, represented by Paul D. Clement

United States, Respondent, represented by Nicole A. Saharsky

National Association of Criminal Defense Lawyers and Families Against Mandatory Minimums, Amicus Curiae, represented by Kevin B. Huff