Legal Opinion

Tuten v. United States

District of Columbia Court of Appeals

Decided February 10, 1982No. 81-204PublishedCited by 43 opinions

1Opinion of the Court

KELLY, Associate Judge:

Appellant was convicted by a jury of carrying a pistol without a license in violation of D.C.Code 1981, § 22-3204, and, on January 26, 1981, was sentenced to a prison term of two to six years. The issue on appeal is whether a felony recidivist sentence may be imposed on the basis of a prior Federal Youth Corrections Act (FYCA) conviction. 18 U.S.C. § 5005 et seq. (1976).

Appellant, on November 16, 1970, had previously been sentenced under the FYCA to two years probation for carrying a pistol without a license. He was discharged unconditionally at the end of the two…

2Cases cited25 opinions

  1. United States v. MenascheSupreme Court of the United States · 1955
  2. Lewis v. United StatesSupreme Court of the United States · 1980
  3. Dorszynski v. United StatesSupreme Court of the United States · 1974
  4. Wayne Ernest Barker v. United States of America, United States of America v. Wayne Ernest BarkerCourt of Appeals for the Tenth Circuit · 1978
  5. Davis v. United StatesDistrict of Columbia Court of Appeals · 1979

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3Cited by43 opinions

  1. Peoples Drug Stores, Inc. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1983
  2. Tuten v. United StatesSupreme Court of the United States · 1983
  3. Office of People's Counsel v. Public Service CommissionDistrict of Columbia Court of Appeals · 1984
  4. Thomas v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1988
  5. In re O.L.District of Columbia Court of Appeals · 1990

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