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U.S. v. CASTRO-VEGA

Nos. 683, 762 and 812, 90-1087, 90-1205 and 90-1217.

945 F.2d 496 (1991)

UNITED STATES of America, Appellee, v. Julio CASTRO-VEGA, Edwin Cintron-Rodriguez, Guillermo Picat, Mario Gonzalez, Defendants, Mario Gonzalez, a/k/a "Johnny," Edwin Cintron-Rodriguez, a/k/a "Beekie," and Julio Castro-Vega, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 16, 1991.

Attorney(s) appearing for the Case

James H. Fogel, New York City, for defendant-appellant Castro-Vega.

Lawrence Mark Stern, New York City, for defendant-appellant Cintron-Rodriguez.

Martin L. Schmukler, New York City, for defendant-appellant Gonzalez.

Stephen Fishbein, Asst. U.S. Atty., New York City (Helen Gredd, Asst. U.S. Atty., Otto G. Obermaier, U.S. Atty., S.D.N.Y., of counsel), for appellee.

Before MESKILL, PRATT and WALKER, Circuit Judges.

WALKER, Circuit Judge:

This appeal raises an issue expressly reserved in United States v. Arigbodi, 924 F.2d 462 (2d Cir.1991): whether it is consistent with the sixth amendment right to counsel to count uncounseled prior convictions in calculating a defendant's criminal history category under the Sentencing Guidelines for a subsequent offense. We hold that such a use of prior convictions does not violate the sixth amendment...

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