tucker
argued
november
decided
january
imposing
sentence
upon
defendant
convicted
bank
robbery
federal
district
judge
gave
explicit
consideration
defendant
record
previous
convictions
later
conclusively
determined
two
previous
convictions
constitutionally
invalid
obtained
violation
gideon
wainwright
held
circumstances
appeals
correct
remanding
case
district
reconsideration
sentence
imposed
upon
defendant
pp
affirmed
stewart
delivered
opinion
douglas
brennan
white
marshall
joined
blackmun
filed
dissenting
opinion
burger
joined
post
powell
rehnquist
took
part
consideration
decision
case
allan
tuttle
argued
cause
brief
solicitor
general
griswold
assistant
attorney
general
wilson
richard
stone
beatrice
rosenberg
mervyn
hamburg
william
reppy
appointment
post
argued
cause
respondent
brief
william
norris
appointment
justice
stewart
delivered
opinion
respondent
forrest
tucker
brought
trial
federal
district
california
upon
charge
armed
bank
robbery
pleaded
guilty
four
female
employees
bank
called
witnesses
prosecution
identified
respondent
robber
testified
behalf
denying
participation
robbery
offering
alibi
defense
impeach
credibility
testimony
prosecution
permitted
ask
whether
previously
convicted
felonies
acknowledged
three
previous
felony
convictions
one
florida
another
louisiana
third
florida
conclusion
trial
jury
returned
verdict
guilty
ensuing
sentencing
proceeding
district
judge
conducted
inquiry
respondent
background
record
shows
gave
explicit
attention
three
previous
felony
convictions
respondent
acknowledged
judge
sentenced
serve
years
prison
maximum
term
authorized
applicable
federal
statute
several
years
later
conclusively
determined
respondent
conviction
florida
conviction
louisiana
constitutionally
invalid
determination
made
superior
alameda
county
california
upon
finding
collateral
proceedings
convictions
resulted
proceedings
respondent
unrepresented
counsel
neither
advised
right
legal
assistance
intelligently
understandingly
waive
right
assistance
counsel
thereafter
respondent
initiated
present
litigation
proceeding
filed
motion
federal
district
convicted
claiming
introduction
trial
evidence
prior
invalid
convictions
fatally
tainted
jury
verdict
guilt
upon
consideration
motion
district
judge
agreed
use
constitutionally
invalid
prior
convictions
impeachment
purposes
error
found
error
harmless
beyond
reasonable
doubt
view
overwhelming
trial
evidence
respondent
guilty
bank
robbery
tucker
supp
see
chapman
california
harrington
california
appeal
appeals
ninth
circuit
agreed
firmly
proved
evidence
prior
convictions
contribute
verdict
obtained
respect
verdict
guilty
error
receiving
evidence
therefore
harmless
beyond
reasonable
doubt
went
however
find
reasonable
probability
defective
prior
convictions
may
led
trial
impose
heavier
prison
sentence
otherwise
imposed
accordingly
appellate
affirmed
refusal
vacate
conviction
remanded
case
district
resentencing
without
consideration
prior
convictions
invalid
gideon
wainwright
government
came
petition
writ
certiorari
granted
government
asks
us
reverse
judgment
appeals
insofar
remanded
case
district
resentencing
argues
federal
district
judge
wide
largely
unreviewable
discretion
imposing
sentence
exercising
discretion
relevant
inquiry
whether
defendant
formally
convicted
past
crimes
whether
extent
defendant
fact
engaged
criminal
antisocial
conduct
government
argues
view
detrimental
information
respondent
possessed
time
sentencing
trial
judge
highly
unlikely
different
sentence
imposed
even
judge
known
two
respondent
previous
convictions
constitutionally
invalid
accordingly
government
concludes
remand
case
resentencing
impose
artificial
unrealistic
burden
upon
district
surely
true
government
asserts
trial
judge
federal
judicial
system
generally
wide
discretion
determining
sentence
impose
also
true
making
determination
judge
may
appropriately
conduct
inquiry
broad
scope
largely
unlimited
either
kind
information
may
consider
source
may
come
trigg
davis
cross
doyle
magliano
fed
rule
crim
proc
see
williams
new
york
north
carolina
pearce
government
also
solid
ground
asserting
sentence
imposed
federal
district
judge
within
statutory
limits
generally
subject
review
gore
cf
yates
general
propositions
decide
case
us
deal
sentence
imposed
informed
discretion
trial
judge
sentence
founded
least
part
upon
misinformation
constitutional
magnitude
townsend
burke
prisoner
sentenced
basis
assumptions
concerning
criminal
record
materially
untrue
record
present
case
makes
evident
sentencing
judge
gave
specific
consideration
respondent
previous
convictions
imposing
sentence
upon
yet
clear
two
convictions
wholly
unconstitutional
gideon
wainwright
need
speculate
whether
outcome
respondent
prosecutions
necessarily
different
help
lawyer
speculation
fruitless
quite
beside
point
real
question
whether
results
florida
louisiana
proceedings
might
different
respondent
counsel
whether
sentence
federal
case
might
different
sentencing
judge
known
least
two
respondent
previous
convictions
unconstitutionally
obtained
agree
appeals
answer
question
must
yes
trial
judge
aware
constitutional
infirmity
two
previous
convictions
factual
circumstances
respondent
background
appeared
dramatically
different
light
sentencing
proceeding
instead
confronting
defendant
legally
convicted
three
previous
felonies
judge
dealing
man
beginning
age
unconstitutionally
imprisoned
ten
years
including
five
years
chain
gang
agree
government
respondent
sentence
district
even
late
date
either
artificial
unrealistic
gideon
case
established
unequivocal
rule
making
unconstitutional
try
person
felony
state
unless
lawyer
validly
waived
one
burgett
texas
burgett
said
permit
conviction
obtained
violation
gideon
wainwright
used
person
either
support
guilt
enhance
punishment
another
offense
erode
principle
case
erosion
gideon
principle
prevented
affirming
judgment
appeals
remanding
case
trial
reconsideration
respondent
sentence
judgment
affirmed
footnotes
decision
superior
alameda
county
unreported
accuracy
determination
questioned
see
tucker
cal
tucker
craven
see
supra
respondent
convictions
occurred
years
gideon
case
decided
impact
decision
fully
retroactive
pickelsimer
wainwright
worth
pointing
however
make
contrary
assumption
prosecutions
turned
exactly
even
respondent
assistance
counsel
reject
reasoning
upon
gideon
decision
based
eason
reflection
require
us
recognize
adversary
system
criminal
justice
person
haled
poor
hire
lawyer
assured
fair
trial
unless
counsel
provided
government
hires
lawyers
prosecute
defendants
money
hire
lawyers
defend
strongest
indications
widespread
belief
lawyers
criminal
courts
necessities
luxuries
constitutional
validity
respondent
third
conviction
florida
determined
government
brief
informed
clerk
criminal
records
dade
county
florida
respondent
counsel
trial
respondent
brief
respondent
advised
present
counsel
florida
proceeding
specifically
asked
judge
appoint
counsel
indigence
request
denied
see
supra
noted
emphasized
dissenting
opinion
trial
judge
ruling
upon
respondent
present
motion
held
wrongful
use
invalid
previous
convictions
impeach
respondent
testimony
trial
harmless
error
view
overwhelming
evidence
guilty
bank
robbery
respondent
guilt
offense
hardly
translates
inescapable
assumption
trial
judge
imposed
maximum
prison
sentence
known
respondent
already
unconstitutionally
imprisoned
years
equally
callous
assume
constitutional
invalidity
respondent
previous
convictions
clear
trial
judge
upon
reconsideration
undoubtedly
impose
sentence
imposed
justice
blackmun
chief
justice
joins
dissenting
opinion
course
fine
acceptable
exposition
abstract
law
felt
fit
tucker
case
join
however
fails
mention
give
effect
certain
facts
controlling
armed
bank
robbery
trial
may
tucker
juvenile
years
age
represented
counsel
reading
trial
testimony
discloses
knowledgeable
indeed
tucker
testified
trial
fact
three
prior
state
felony
convictions
well
engaging
proscribed
conduct
underlying
two
convictions
stated
flatly
broke
garage
took
man
automobile
broke
jewelry
store
night
also
acknowledged
waiting
transportation
prison
florida
third
conviction
escaped
went
california
using
assumed
name
thus
wholly
apart
formal
convictions
tucker
conceded
criminal
conduct
part
three
separate
prior
occasions
judge
presided
tucker
trial
armed
bank
robbery
honorable
george
harris
district
northern
district
california
tucker
conviction
jury
judge
harris
imposed
maximum
sentence
prescribed
despite
interim
passage
years
tucker
present
petition
filed
pursuant
also
came
judge
harris
chief
judge
northern
district
judge
denied
relief
ground
error
use
impeachment
purposes
two
constitutionally
invalid
prior
convictions
harmless
beyond
reasonable
doubt
issue
guilt
innocence
close
tucker
testimony
successfully
impeached
prior
inconsistent
statements
made
federal
bureau
investigation
agents
rebuttal
testimony
demonstrated
portions
testimony
improbable
untrue
testimony
successfully
impeached
fact
demolished
additional
items
supp
nd
cal
issue
guilt
appeals
agreed
today
rule
otherwise
chief
judge
harris
ruling
translates
something
completely
inescapable
namely
wholly
apart
convictions
imposed
maximum
sentence
anyway
surely
judge
harris
people
best
source
knowledge
effect
two
convictions
determination
sentence
imposed
yet
speculates
despite
identity
despite
obvious
disclaimer
judge
harris
might
influenced
sentencing
fact
two
prior
convictions
rather
three
criminal
acts
tucker
acknowledged
remand
case
presumably
go
judge
harris
undoubtedly
sentence
imposed
perhaps
worthwhile
must
content
disposition
case
general
principles
entertain
mild
suspicion
however
exercise
futility
merely
marching
hill
march
right
time
become
little
realistic
face
record
one
reverse
judgment
appeals
insofar
remands
case
district
resentencing
convicted
florida
yes
automobile
theft
breaking
entering
mean
automobile
theft
breaking
entering
boils
years
old
broke
man
garage
took
automobile
went
joy
riding
received
ten
year
sentence
age
received
ten
year
sentence
yes
broke
place
stole
car
yes
kind
car
steal
ford
tell
us
convictions
broke
jewelry
store
new
orleans
night
day
night
trial
transcript
use
name
rick
bellew
fugitive
florida
fugitive
fugitive
sentenced
term
florida
third
conviction
brought
waiting
transportation
prison
given
chance
nobody
watching
walked
came
california
walk
away
appendix
removed
hospital
trial
transcript
found
guilty
subsequently
escaped
came
sentencing
transcript