Dorman v. United States
Decision Date | 21 October 1974 |
Docket Number | No. 73-6719,73-6719 |
Citation | 95 S.Ct. 214,419 U.S. 945,42 L.Ed.2d 168 |
Parties | Frank Steven DORMAN v. UNITED STATES |
Court | U.S. Supreme Court |
On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit.
The petition for a writ of certiorari is denied.
In 1973 Frank Dorman was sentenced by the District Court to a term of three years for violating the travel restrictions of his bond and to two concurrent seven-year terms for the interstate transportation of forged checks. In imposing sentence, the trial judge emphasized the 'very, very substantial' record of Dorman's prior convictions. The trial judge learned of these state convictions from a presentence report, which had incorporated the convictions listed in an FBI summary. None of these documents revealed, and it has not been ascertained, whether Dorman had the assistance of counsel at the time these convictions were obtained. On appeal, Dorman sought to have his case remanded for a determination whether he lacked counsel at the time of the prior convictions, and if so far imposition of a new sentence. The Court of Appeals held that Dorman had waived any objection to the trial court's use of the prior convictions by his failure to object after disclosure of the presentence report.
Since the landmark of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1964), we have held that convictions obtained without the provision of counsel for the accused may not be used to enhance punishment under a recidivist statute, Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967), nor to influence the determination of a discretionary sentence, United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972), nor to impeach the credibility of a defendant at trial, Loper v. Beto, 405 U.S. 473, 92 S.Ct. 1014, 31 L.Ed.2d 374 (1973). The guiding principle was stated in Burgett v. Texas:
389 U.S., at 115, 88 S.Ct. 258.
The Court of Appeals permits the defendant's sentence to stand, with ample demonstration that the sentencing judge relied...
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