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UNITED STATES v. SPADONI

No. 23187.

435 F.2d 448 (1970)

UNITED STATES of America v. Michael J. SPADONI, a/k/a Michael L. Sanders, Appellant.

United States Court of Appeals, District of Columbia Circuit.

November 5, 1970.

Attorney(s) appearing for the Case

Mr. Gene W. Stockman, Washington, D. C. (appointed by this court) was on the brief for appellant.

Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Gregory C. Brady, Asst. U. S. Attys., were on the brief for appellee.

Before WRIGHT and McGOWAN, Circuit Judges, and JOHNSON, Chief Judge, U. S. District Court for the Middle District of Alabama, in Chambers.

PER CURIAM:

The sole question in this case is whether it was an abuse of discretion for the trial judge to fail to order a presentencing investigation and probationary report upon appellant's request to be sentenced without the benefit of such an investigation. We hold, by reference to the facts of this case only, that it was not.

Appellant was charged with robbery under 22 D.C.Code § 2901 (Supp. III, 1970),...

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