United States v. Tucker
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.