context: Under. Scott, the Sixth Amendment protects an uncounseled misdemeanor defendant not from a judgment of conviction but from the imposition of certain types of sentences. The appropriate remedy for a Scott violation, therefore, is vacatur of the invalid portion of the sentence, and not reversal of the conviction itself.
citation_a.signal: see
citation_a.identifier: 948 F.2d 648, 654
citation_a.parenthetical: striking down portion of sentence imposed on uncounseled misdemeanor defendant that involved suspended term of imprisonment but affirming conviction and portion of sentence involving a fine
citation_a.sentence: See United States v. Reilley, 948 F.2d 648, 654 (10th Cir.1991) (striking down portion of sentence imposed on uncounseled misdemeanor defendant that involved suspended term of imprisonment but affirming conviction and portion of sentence involving a fine); United States v. White, 529 F.2d 1390, 1394 (8th Cir.1976) (same).
citation_b.signal: but see
citation_b.identifier: 910 F.2d 216, 218
citation_b.parenthetical: "If an uncounseled defendant is sentenced to prison, the conviction itself is unconstitutional."
citation_b.sentence: But see United States v. Eckford, 910 F.2d 216, 218 (5th Cir.1990) (“If an uncounseled defendant is sentenced to prison, the conviction itself is unconstitutional.”) (dictum).