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Criminal Law Keyed to Capers
Burrage v. United States
Citation:
571 U.S. 204 (2014)Facts
Joshua Banka, a long-time drug user, died on April 15, 2010, following an extended drug binge. On the morning of April 14, Banka smoked marijuana at a former roommate’s home. Banka stole oxycodone pills from the roommate before departing and later crushed, cooked, and injected the oxycodone. Banka and his wife, Tammy Noragon Banka, then met with petitioner Marcus Burrage and purchased one gram of heroin from him. Banka immediately cooked and injected some of the heroin and, after returning home, injected more heroin between midnight and 1 a.m. on April 15. Noragon went to sleep at around 5 a.m., shortly after witnessing Banka prepare another batch of heroin. When Noragon woke up a few hours later, she found Banka dead in the bathroom and called 911.
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