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UNITED STATES v. LEONARD

No. 78-1089.

589 F.2d 470 (1979)

UNITED STATES of America, Appellee, v. Robert Carl LEONARD, Appellant.

United States Court of Appeals, Ninth Circuit.

January 12, 1979.

Attorney(s) appearing for the Case

W. Brian Bayly, Phoenix, Ariz., for appellant.

Daniel R. Drake, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before TRASK and WALLACE, Circuit Judges, and HOFFMAN, Senior District Judge.

WALTER E. HOFFMAN, Senior District Judge:

Appellant appeals the summary dismissal of his 28 U.S.C. § 2255 motion to vacate his prior federal sentence. In his motion Leonard alleged that the sentence he is serving was imposed on the basis of false and unverified material contained in his presentence report. The question presented by this appeal is whether the district court, which at the time of sentencing afforded defendant...

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