Legal Opinion

United States v. Castro-Vega

Court of Appeals for the Second Circuit

Decided September 16, 1991No. Nos. 683, 762 and 812, 90-1087, 90-1205 and 90-1217PublishedCited by 21 opinions

1Opinion of the Court

WALKER, Circuit Judge:

This appeal raises an issue expressly reserved in United States v. Arigbodi, 924 F.2d 462 (2d Cir.1991): whether it is consistent with the sixth amendment right to counsel to count uncounseled prior convictions in calculating a defendant’s criminal history category under the Sentencing Guidelines for a subsequent offense. We hold that such a use of prior convictions does not violate the sixth amendment. We find the numerous other claims raised by the defendants.to be without merit. However, we grant defendant Gonzalez’s request to modify an error in his judgment so that…

2Cases cited9 opinions

  1. Scott v. IllinoisSupreme Court of the United States · 1979
  2. Baldasar v. IllinoisSupreme Court of the United States · 1980
  3. United States v. Leon BradyCourt of Appeals for the Ninth Circuit · 1991
  4. United States v. Charles L. EckfordCourt of Appeals for the Fifth Circuit · 1990
  5. Schindler v. Clerk of Circuit CourtCourt of Appeals for the Seventh Circuit · 1983

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3Cited by21 opinions

  1. Nichols v. United StatesSupreme Court of the United States · 1994
  2. United States v. Kenneth O. NicholsCourt of Appeals for the Sixth Circuit · 1993
  3. United States v. FalesborkCourt of Appeals for the Fourth Circuit · 1993
  4. United States v. Freddie Lee ThomasCourt of Appeals for the Eighth Circuit · 1994
  5. United States v. Jose Ortega, Jesus MancinasCourt of Appeals for the Second Circuit · 1996

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