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Having two prior convictions for domestic violence crimes—including tribal-court convictions—is thus a predicate of the new offense.
Constitution guarantees a criminal defendant in state or federal court “the Assistance of Counsel for his defence.” See , 440 U.
In the case under review, Nichols pleaded guilty to a federal felony drug offense.
We rejected Nichols’ contention that, as his later sentence for the federal drug offense involved imprisonment, use of his uncounseled DUI conviction to elevate that sentence violated the Sixth Amendment.
But, had his convictions occurred in state or federal court, Bryant observes, would have rendered them invalid because he was sentenced to incarceration without representation by court-appointed counsel.
Bryant was denied no right to counsel in tribal court, and his Sixth Amendment right was honored in federal court, when he was “adjudicated guilty of the felony offense for which he was imprisoned.” , 535 U.
There is no reason to suppose that tribal-court proceedings are less reliable when a sentence of a year’s imprisonment is imposed than when the punishment is merely a fine.“As separate sovereigns pre-existing the Constitution, tribes have historically been regarded as unconstrained by those constitutional provisions framed specifically as limitations on federal or state authority.” , 554 U.In ICRA, however, Congress accorded a range of procedural safeguards to tribal-court defendants “similar, but not identical, to those contained in the Bill of Rights and the Fourteenth Amendment.” at 62–63 (ICRA “modified the safeguards of the Bill of Rights to fit the unique political, cultural, and economic needs of tribal governments”).It held, however, that Bryant’s tribal-court convictions could not be used as predicate convictions within §117(a)’s compass because they would have violated the Sixth Amendment had they been rendered in state or federal court.He was denied no right to counsel in tribal court, and his Sixth Amendment right was honored in federal court.
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Several years earlier, unrepresented by counsel, he had been convicted of driving under the influence (DUI), a state-law misdemeanor, and fined 0 but not imprisoned.