Legal Opinion · Dissent

Daniels v. United States

Supreme Court of the United States

Decided April 25, 2001No. 99-9136Published

1DissentJustice Breyer

I believe that Congress intended courts to read the silences in federal sentencing statutes as permitting defendants to challenge the validity of an earlier sentence-enhancing conviction at the time of sentencing. See United States v. Paleo, 967 P. 2d 7, 11-13 (CA1 1992), implicitly overruled by Custis v. United States, 511 U.S. 485 (1994). That was the practice typically followed in the lower courts before Custis. See id., at 498-499, and n. 2, 511 (Souter, J., dissenting). The courts now follow a comparable practice in respect to other sentence-enhancing factors. See, e. g., United States…

2Cases cited5 opinions

  1. United States v. DunniganSupreme Court of the United States · 1993
  2. Custis v. United StatesSupreme Court of the United States · 1994
  3. State v. RayMontana Supreme Court · 1994
  4. Denver Area Labor Federation, AFL-CIO v. MeyerColorado Court of Appeals · 1995
  5. Department of Corrections v. Personnel Appeals BoardCourt of Appeals of Washington · 1998

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