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RODRIGUES v. UNITED STATES

No. 71-2243.

460 F.2d 1266 (1972)

David RODRIGUES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

May 17, 1972.

Attorney(s) appearing for the Case

Richard M. Sims, III (argued), of Penrod, Himelstein, Savinar & Sims, San Francisco, Cal., for petitioner-appellant.

Raymond B. Little, Asst. U. S. Atty. (argued), Bart M. Schouweiller, U. S. Atty., Reno, Nev., for respondent-appellee.

Before BROWNING and WRIGHT, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM:

Rodrigues received a fifteen-year sentence after pleading guilty to a bank robbery charge. He now asks this court to vacate his sentence because the sentencing judge relied upon allegedly misleading statements in the presentence report. We affirm the lower court's order refusing to vacate the sentence.

The judge said on the day of sentencing:

"[T]he probation report indicates that he has been involved in the use of firearms on two other...

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