United States v. Gerald Dee Foster

We must determine in this appeal whether a defendant who is denied representation of counsel at trial may be later sentenced to a term of imprisonment following revocation of probation. We conclude in this case that imprisonment cannot be imposed. We vacate the sentence and remand.

I

Gerald Dee Foster was charged with committing petty offenses in a national forest in violation of 16 U.S.C. § 551 (1988). Such offenses may be “punished by a fine of not more than $500 or imprisonment for not more than six months, or both.” 16 U.S.C. § 551 .

Prior to trial, Foster sought an appointment of counsel. The district court declined to appoint counsel, apparently because the government advised the court that it would not request jail time if Foster was convicted.

Following Foster’s conviction, the court suspended imposition of sentence and placed Foster on probation. His probation was subject to certain conditions including the performance of maintenance work in the national forest. Foster failed to satisfy the conditions of his probation. The district court commenced probation violation proceedings and appointed counsel for Foster. After a hearing the district court revoked Foster’s…