Legal Opinion
United States v. Gantt.
District Court, W.D. Pennsylvania
Decided March 9, 1987No. Crim. 86-287PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION
DIAMOND, District Judge.
Before us is defendant’s motion to dismiss the indictment for failure to aver three legal convictions. Specifically, defendant claims that one of the predicate convictions to the present prosecution was obtained without the benefit of defense counsel; hence, it cannot be used to enhance a sentence or support a conviction under the Armed Career Criminal Act of 1984, 18 U.S.C. Appendix II § 1202(a) (the “ACCA”). As we will explain, we agree that this unconstitutional conviction cannot be used for sentence enhancement under the ACCA, but we deny…
2Cases cited24 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- United States v. CronicSupreme Court of the United States · 1984
- United States v. TuckerSupreme Court of the United States · 1972
- Gardner v. FloridaSupreme Court of the United States · 1977
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. David GallmanCourt of Appeals for the Seventh Circuit · 1990
- United States v. William Henry Taylor A/K/A Baldy Briley A/K/A William Briley TaylorCourt of Appeals for the Sixth Circuit · 1989
- Dressler v. StateNevada Supreme Court · 1991
- State v. RandenSouth Dakota Supreme Court · 1993
- United States v. AloiDistrict Court, N.D. Ohio · 1991
6 more not listed; retrieve them via the Exa API.