Wasman v. United States (468 U.S. 559)
U.S. Supreme Court · decided July 3, 1984 · Supreme Court Database (Spaeth)
- Citation
- 468 U.S. 559 · 104 S. Ct. 3217
- Decided
- July 3, 1984
- Term
- October Term 1983
- Vote
- 9–0
- Majority author
- Justice Burger
- Issue area
- Due Process
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Burger announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, III-A, III-C, and IV, and an opinion with respect to Parts II-B and III-B, in which Justice White, Justice Rehnquist, and Justice O’Connor joined. > We granted certiorari to decide whether the Due Process Clause of the Fifth Amendment was violated when a federal defendant was given a greater sentence after retrial following a successful appeal than he had been given after his original conviction because the sentencing court considered an intervening criminal conviction for acts committed prior to the original sentencing. I Petitioner, an attorney, was indicted on four counts of mail fraud in violation of 18 U. S. C. § 1341. Prior to trial on these charges, he was indicted, tried, and convicted of the unrelated offense of knowingly and willfully making false statements in a passport application, in violation of 18 U. S. C. § 1542. At the sentencing hearing following petitioner’s first conviction, the Government advised the court that charges were then pending against petitioner for mail fraud and that petitioner previously had been convicted for failure to file a tax return. Petitioner’s counsel replied that it would be inappropriate for the court to consider the pending mail fraud charges in its sentencing on the passport conviction because petitioner…
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