Legal Opinion

United States v. Freddie Lee Thomas

Court of Appeals for the Eighth Circuit

Decided March 8, 1994No. 92-2112PublishedCited by 45 opinions

1Opinion of the Court

HANSEN, Circuit Judge.

In this case, we are asked to decide whether a district court may consider a constitutionally valid but uncounseled prior misdemeanor conviction when it determines a defendant’s sentence for a subsequent conviction under the United States Sentencing Guidelines. We hold that a district court may do so consistent with the Sixth Amendment right to counsel.

I

Freddie Lee Thomas was convicted by a jury of being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). The one-count indictment charged that Thomas knowingly possessed a firearm which had been transported in…

2Cases cited29 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gregg v. GeorgiaSupreme Court of the United States · 1976
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Powell v. AlabamaSupreme Court of the United States · 1932
  5. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936

24 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. United States v. BermudezCourt of Appeals for the Second Circuit · 2008
  2. United States v. SevereCourt of Appeals for the Eighth Circuit · 1994
  3. United States v. Daniel Lamar FordCourt of Appeals for the Eighth Circuit · 1994
  4. United States v. MartinCourt of Appeals for the Tenth Circuit · 2008
  5. United States v. Reyes-SolanoCourt of Appeals for the Eighth Circuit · 2008

40 more not listed; retrieve them via the Exa API.

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