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UNITED STATES v. ROSCIANO

No. 73-1666.

499 F.2d 173 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Gino ROSCIANO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 18, 1974.

Attorney(s) appearing for the Case

Gerald M. Chapman, Themis Anagnost, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., Ann P. Sheldon, Gary L. Starkman, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and FAIRCHILD, CUMMINGS, PELL, STEVENS, SPRECHER and TONE, Circuit Judges.

PER CURIAM.

This matter came before us as a result of our May 2, 1974, order granting an en banc rehearing of the panel decision herein reported at 499 F.2d 166. The question involved is whether a district judge, who has not been requested by counsel to do so, is nevertheless required by Rule 32(c) (1) of the present Federal Rules of Criminal Procedure to give explicit reasons for his denial of a presentence report before imposing...

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