Legal Opinion
United States v. Gerald Dee Foster
Court of Appeals for the Ninth Circuit
Decided May 25, 1990No. 89-30102PublishedCited by 36 opinions
1Opinion of the Court
SKOPIL, Circuit Judge:
We must determine in this appeal whether a defendant who is denied representation of counsel at trial may be later sentenced to a term of imprisonment following revocation of probation. We conclude in this case that imprisonment cannot be imposed. We vacate the sentence and remand.
I
Gerald Dee Foster was charged with committing petty offenses in a national forest in violation of 16 U.S.C. § 551 (1988). Such offenses may be “punished by a fine of not more than $500 or imprisonment for not more than six months, or both.” 16 U.S.C. § 551.
Prior to trial, Foster sought an…
2Cases cited9 opinions
- Argersinger v. HamlinSupreme Court of the United States · 1972
- Mempa v. RhaySupreme Court of the United States · 1967
- Roberts v. United StatesSupreme Court of the United States · 1943
- United States v. Richard J. McDonaldCourt of Appeals for the Ninth Circuit · 1980
- United States v. James A. BohnCourt of Appeals for the Ninth Circuit · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Alabama v. SheltonSupreme Court of the United States · 2002
- Ronnie Maurice Howard v. United StatesCourt of Appeals for the Eleventh Circuit · 2004
- United States v. Jose Ortega, Jesus MancinasCourt of Appeals for the Second Circuit · 1996
- United States v. Patrick M. ReilleyCourt of Appeals for the Tenth Circuit · 1991
- United States v. Jose Corpuz, Jr.Court of Appeals for the Ninth Circuit · 1992
31 more not listed; retrieve them via the Exa API.