United States v. Tucker
United States Supreme Court
404 U.S. 443 (1972)
Relevant factsFree
Tucker (defendant) was convicted of armed robbery in 1953 and, at sentencing, acknowledged three prior felony convictions, which the judge considered in imposing the maximum 25-year sentence. Years later, two of those three prior convictions were found to be constitutionally invalid. Tucker challenged his armed-robbery sentence, and the court of appeals remanded for resentencing. The government sought Supreme Court review.
IssueFree
Whether, when prior convictions that factored into a sentencing determination are later ruled constitutionally invalid, the appropriate remedy is a new sentencing hearing.