Kenneth O. Nichols v. United States (511 U.S. 738)
U.S. Supreme Court · decided June 6, 1994 · Supreme Court Database (Spaeth)
- Citation
- 511 U.S. 738 · 114 S. Ct. 1921
- Decided
- June 6, 1994
- Term
- October Term 1993
- Vote
- 6–3
- Majority author
- Justice Rehnquist
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Rehnquist delivered the opinion of the Court. In this case, we return to the issue that splintered the Court in Baldasar v. Illinois, 446 U. S. 222 (1980): Whether the Constitution prohibits a sentencing court from considering a defendant’s previous uncounseled misdemeanor conviction in sentencing him for a subsequent offense. In 1990, petitioner Nichols pleaded guilty to conspiracy to possess cocaine with intent to distribute, in violation of 21 U. S. C. § 846. Pursuant to the United States Sentencing Commission’s Guidelines (Sentencing Guidelines), petitioner was assessed three criminal history points for a 1983 federal felony drug conviction. An additional criminal history point was assessed for petitioner’s 1983 state misdemeanor conviction for driving under the influence (DUI), for which petitioner was fined $250 but was not incarcerated. This additional criminal history point increased petitioner’s Criminal History Category from Category II to Category III. As a result, petitioner’s sentencing range under the Sentencing Guidelines increased from 168-210 months (under Criminal History Category II) to 188-235 months (under Category III). Petitioner objected to the inclusion of his DUI misdemeanor conviction in his criminal history score because he was not represented by counsel at that proceeding. He maintained that consideration of that uncounseled…
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