UNITED STATES V. TUCKER, 404 U. S. 443 (1972)

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U.S. Supreme Court

United States v. Tucker, 404 U.S. 443 (1972)

United States v. Tucker

No. 70-86

Argued November 11, 1971

Decided January 11, 1972

404 U.S. 443


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. 404 U. S. 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. 404 U. S. 449. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.

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