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Lewis Vs. United States
Cites for this judgment
- US Supreme Court
- Feb 27, 1980
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Lewis v. UnitedSearch
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States - 445 U.S. 55 (1980) U.S. Supreme Court Lewis v. UnitedSearch
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States, 445 U.S. 55 (1980) Lewis v. UnitedSearch
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Even though petitioner's extant prior state court felony conviction may be subject to collateral attack under Gideon v. WainwrightSearch
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the basis for imposing a civil firearms disability, enforceable by criminal sanction, is not inconsistent with Burgett v. TexasSearch
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and Loper v. BetoSearch
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question whether a defendant's extant prior conviction, flawed because he was without counsel, as required by Gideon v. WainwrightSearch
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Brief any citation in this list with AI Studio
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He claimed that, under Gideon v. WainwrightSearch
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by this Court provide the focus for petitioner's attack upon his conviction. The first and pivotal one is Gideon v. WainwrightSearch
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of counsel, was unconstitutional under the Sixth and Fourteenth Amendments. That ruling is fully retroactive. Kitchens v. SmithSearch
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U. S. 847 (1971). Page 445 U. S. 60 The second case is Burgett v. TexasSearch
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could not be used for enhancement of punishment under a State's recidivist statute. The third is United States v. TuckerSearch
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could not be considered by a court in sentencing a defendant after a subsequent conviction. And the fourth is Loper v. BetoSearch
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Id. at 405 U. S. 484 , quoting Linkletter v. WalkerSearch
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must be the language of the statute itself. Reiter v. SonotoneSearch
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Corp., 442 U. S. 330 , 442 U. S. 337 (1979). See also Touche Ross & Co. v. RedingtonSearch
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Southestern Community College v. DavisSearch
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United States v. NaftalinSearch
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a floor amendment to the Act, and thus was not a subject of discussion in the legislative reports. See United States v. BatchelderSearch
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Scarborough v. UnitedSearch
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Inasmuch as Senator Long was the sponsor and floor manager of the bill, his statements are entitled to weight. Simpson v. UnitedSearch
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L'Hommedieu v. StateSearch
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Weir v. StateSearch
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So.2d 80 (Fla.App. 1975). See also United States v. MorganSearch
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Barrett v. UnitedSearch
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only when the statute provides a fair alternative construction. This statute could not be more plain. Swain v. PressleySearch
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U.S. at 422 U. S. 122 -123. Similarly, any principle of lenity, see Rewis v. UnitedSearch
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U. S. 812 (1971), has no application. The touchstone of that principle is statutory ambiguity. Huddleston v. UnitedSearch
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Marshall v. UnitedSearch
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States, 414 U. S. 417 , 414 U. S. 422 (1974), quoting from McGinnis v. RoysterSearch
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U. S. 263 , 410 U. S. 270 (1973), and Baxstrom v. HeroldSearch
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U. S. 107 , 383 U. S. 111 (1966). See Vance v. BradleySearch
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invalid one, is a sufficient basis on which to prohibit the possession of a firearm. See, e.g., United States v. RansomSearch
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a convicted felon from engaging in activities far more fundamental than the possession of a firearm. See Richardson v. RamirezSearch
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De Veau v. BraistedSearch
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Hawker v. NewSearch
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has never suggested that an uncounseled conviction Page 445 U. S. 67 is invalid for all purposes. See Scott v. IllinoisSearch
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and the Gun Control Act of 1968, Page 445 U. S. 68 76 Colum.L.Rev. 326, 338-339 (1976). Cf. Walker v. CitySearch
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Lewis had no lawyer. He noted also that Lewis had been charged with the same offense as had the defendant in Gideon v. WainwrightSearch
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Compare United States v. LufmanSearch
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a)(1) is reversible error), with the Fourth Circuit's ruling in the present case, and with United States v. MaggardSearch
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and United States v. GravesSearch
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