Delante L. Lunn v. United States
SocialSecurity Securities Immigration
Whether the but-for test in Burrage v. United States should be re-evaluated for mixed drug overdoses that result in death where no drug distributed by the defendant was an independent cause of death
QUESTIONS PRESENTED Whether this Honorable Court should re-evaluate the but-for test established by Burrage v. United States, 571 U.S. 204 (2014) for mixed drug overdoses that result in death where no drug distributed by the defendant was an independent cause of death. The "results from" language in 21 U.S.C. § 841(b)(1)(C) is more broad than the restrictive but-for test established in Burrage which has resulted in very significant mandatory minimum sentences for defendants that distributed drugs that were not independently the cause of an individual's death.