Open main menu

Court Documents
Dissenting Opinion

United States Supreme Court

404 U.S. 443

UNITED STATES, Petitioner,  v.  Forrest S. TUCKER.

 Argued: Nov. 11, 1971. --- Decided: Jan 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 Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799. 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.

Allan A. Tuttle, Raleigh, N.C., for petitioner.

William A. Reppy, Jr., Durham, N.C., for respondent.

Mr. Justice STEWART delivered the opinion of the Court.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).