|
|
United States v. Tucker, 404 U.S. 443 (1972)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
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.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Tucker, 404 U.S. 443 (1972) in 404 U.S. 443 Original Sources, accessed May 20, 2024, http://www.originalsources.com/Document.aspx?DocID=JR52X3YBMTAK6JK.
MLA: U.S. Supreme Court. "Syllabus." United States v. Tucker, 404 U.S. 443 (1972), in 404 U.S. 443, Original Sources. 20 May. 2024. http://www.originalsources.com/Document.aspx?DocID=JR52X3YBMTAK6JK.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Tucker, 404 U.S. 443 (1972). cited in 1972, 404 U.S. 443. Original Sources, retrieved 20 May 2024, from http://www.originalsources.com/Document.aspx?DocID=JR52X3YBMTAK6JK.
|