Cite as: 506 U. S. 20 (1992)
Opinion of the Court
1991) (NJC-129846), and several have been enacted by the Federal Government, as well, see, e. g., 18 U. S. C. § 924(e) (Armed Career Criminal Act); 21 U. S. C. §§ 842(c)(2)(b), 843(c), 844(a) (provisions of the Controlled Substances Act); see also United States Sentencing Commission, Guidelines Manual § 4A1.1 (Nov. 1992) (prior criminal conduct enhances criminal history for purpose of determining sentencing range).
States have a valid interest in deterring and segregating habitual criminals. See Rummel v. Estelle, 445 U. S. 263, 284 (1980). We have said before that a charge under a recidivism statute does not state a separate offense, but goes to punishment only. See Oyler v. Boles, 368 U. S. 448, 452 (1962); Graham, supra, at 623-624; McDonald v. Massachusetts, 180 U. S. 311, 313 (1901). And we have repeatedly upheld recidivism statutes "against contentions that they violate constitutional strictures dealing with double jeopardy, ex post facto laws, cruel and unusual punishment, due process, equal protection, and privileges and immunities." Spencer v. Texas, 385 U. S. 554, 560 (1967) (citing Oyler, supra; Gryger v. Burke, 334 U. S. 728 (1948); Graham, supra; Mc-Donald, supra; Moore v. Missouri, 159 U. S. 673 (1895)). But see Solem v. Helm, 463 U. S. 277 (1983) (life sentence without parole imposed under recidivism statute violated Eighth Amendment when current conviction was for passing a bad check and prior offenses were similarly minor).
The States' freedom to define the types of convictions that may be used for sentence enhancement is not unlimited. In Burgett v. Texas, 389 U. S. 109 (1967), we held that uncounseled convictions cannot be used "against a person either to support guilt or enhance punishment for another offense." Id., at 115. This Court has nevertheless also expressed a willingness to uphold, under the Due Process Clause, a variety of state procedures for implementing otherwise valid recidivism statutes. See Spencer, supra (due process allows government to introduce proof of past convictions before
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