U.S. v. THOMAS

No. 92-2112.

20 F.3d 817 (1994)

UNITED STATES of America, Appellee, v. Freddie Lee THOMAS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1994.


Attorney(s) appearing for the Case

Lee Lawless, Asst. Federal Public Defender, St. Louis, MO, argued, for appellant.

Joseph M. Landolt, Asst. U.S. Atty., St. Louis, MO, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, McMILLIAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


HANSEN, Circuit Judge.

In this case, we are asked to decide whether a district court may consider a constitutionally valid but uncounseled prior misdemeanor conviction when it determines a defendant's sentence for a subsequent conviction under the United States Sentencing Guidelines. We hold that a district court may do so consistent with the Sixth Amendment right to counsel.

I.

Freddie Lee Thomas was convicted by a jury of being a felon in possession...

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