Does a mandatory prison sentence for driving a motor vehicle with a revoked license violate the Sixth Amendment right to counsel?

MultiRegion, United States of America

The following excerpt is from U.S. v. Quemado, 26 F.3d 920 (9th Cir. 1994):

Quemado next argues that the mandatory prison sentence imposed under H.R.S. Sec. 291-4.5 for driving a motor vehicle with a revoked license violates the Sixth Amendment right to counsel. The district court disagreed. We review de novo. United States v. Martinez, 967 F.2d 1343, 1348 (9th Cir.1992).

The Sixth Amendment right to appointment of counsel is limited to those cases in which imprisonment was actually imposed. Scott v. Illinois, 440 U.S. 367, 373, 99 S.Ct. 1158, 1162, 59 L.Ed.2d 383 (1979). Thus, there was no right to the appointment of counsel at Quemado's driver's license revocation hearing, where there was no possibility of imprisonment.

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