UNITED STATES v. WOODY

Nos. 77-5181, 77-5292.

567 F.2d 1353 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Gary WOODY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Blanchard L. SAVANT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 20, 1978.


Attorney(s) appearing for the Case

Virgil Howard, Thomas D. McDowell, Corpus Christi, Tex., for Gary Woody.

Jimmy Phillips, Jr., Angleton, Tex., for Blanchard L. Savant.

J. A. Canales, U. S. Atty., Anna E. Stool, George A. Kelt, Jr., John T. Johnson, Mary L. Sinderson, James R. Gough, Asst. U. S. Attys., Houston, Tex., Robert Berg, Asst. U. S. Atty., Corpus Christi, Tex., for the U. S.

Before GOLDBERG, AINSWORTH and FAY, Circuit Judges.


FAY, Circuit Judge:

The trial judges in the above-styled cases relied upon undisclosed information contained in presentence investigation reports in imposing sentence. These cases involve the common issue of whether, under the facts and circumstances of each case, the summary of the undisclosed information provided to the defendant pursuant to Rule 32(c)(3)(B) of the Federal Rules of Criminal Procedure was sufficient.1 The appellant in...

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