United States v. Timothy W. Kearney
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TANG, Circuit Judge:
Timothy Kearney appeals a judgment of the district court affirming his sentence as a second offender for driving under the influence of intoxicating liquor. Kearney contends that he should not be sentenced under the second offender provision because the information to which he pleaded guilty did not allege his prior DUI conviction. We disagree, and affirm the judgment of the district court.
I. FACTS
On June 3, 1983, Timothy Kearney was arrested on a federal military installation for driving under the influence of intoxicating liquor in violation of Hawaii Revised Statute §…
2Cases cited12 opinions
- Oyler v. BolesSupreme Court of the United States · 1962
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