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UNITED STATES v. MONTECALVO

No. 75-1125.

533 F.2d 1110 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Danny John MONTECALVO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 15, 1976.

Attorney(s) appearing for the Case

Lawrence R. Horn, San Francisco, Cal., for defendant-appellant.

J. S. Obenour, Asst. U. S. Atty., Tacoma, Wash., for plaintiff-appellee.

Before HUFSTEDLER and CHOY, Circuit Judges, and REAL, District Judge.

OPINION

HUFSTEDLER, Circuit Judge:

Montecalvo appeals from his conviction for bank robbery. Only one of the three issues on appeal requires discussion: Did the district court violate Rule 32(c)(1) of the Federal Rules of Criminal Procedure by reading, prior to Montecalvo's conviction, material presented by the probation service to assist the court in sentencing?

On the afternoon of Montecalvo's arrest, he appeared before a federal magistrate and...

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