United States v. Tucker

United States Supreme Court

404 U.S. 443

United States  v.  Tucker

Certiorari to the United States Court of Appeals for the Ninth Circuit

No. 70-86  Argued: November 11, 1971 --- Decided: January 11, 1972

In imposing sentence upon a defendant convicted of bank robbery, a federal district judge gave explicit consideration to the defendant's record of previous convictions. It was later conclusively determined that two of the previous convictions were constitutionally invalid, having been obtained in violation of Gideon v. Wainwright, 372 U.S. 335.

Held: Under these circumstances the Court of Appeals was correct in remanding the case to the District Court for reconsideration of the sentence imposed upon the defendant. Pp. 446-449.

431 F. 2d 1292, affirmed.

STEWART, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, WHITE, and MARSHALL, JJ., joined. BLACKMUN, J., filed a dissenting opinion, in which BURGER, C.J., joined, post, p. 449. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.

Allan A. Tuttle argued the cause for the United States. On the brief were Solicitor General Griswold, Assistant Attorney General Wilson, Richard B. Stone, Beatrice Rosenberg, and Mervyn Hamburg.

William A. Reppy, Jr., by appointment of the Court, post, p. 935, argued the cause for respondent. With him on the brief was William A. Norris, by appointment of the Court, 403 U.S. 930.

Notes