United States v. Tucker
United States Supreme Court
404 U.S. 443 (1972)
Tucker (defendant) was convicted for armed robbery in 1953. At trial and at sentencing, Tucker acknowledged three prior felony convictions. The judge took his three prior convictions under consideration when he imposed the maximum sentence of 25 years for the armed robbery conviction. Several years after the bank robbery conviction, it came to light that two of Tucker’s prior felony convictions were unconstitutional. Tucker appealed the sentence in his bank robbery conviction. The court of appeals remanded Tucker’s case to the district court for resentencing. The United States (plaintiff) petitioned the United States Supreme Court for review.
Rule of Law
Holding and Reasoning (Stewart, J.)
Dissent (Blackmun, J.)
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