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UNITED STATES v. COYER

Nos. 83-1885, 83-2007.

732 F.2d 196 (1984)

UNITED STATES of America, Appellant, v. Charles B. COYER. (Two cases)

United States Court of Appeals, District of Columbia Circuit.

Decided April 10, 1984.

Attorney(s) appearing for the Case

Judith Hetherton, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., were on the brief for appellant.

Larry S. Gondelman, Washington, D.C., with whom William G. Hundley, Washington, D.C. (appointed by this Court) was on the brief for appellee.

Before WALD, BORK and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

The sole but important issue presented by this appeal is whether the District Court acted properly in vacating the sentence of a criminal defendant under 28 U.S.C. § 2255 (Supp. V 1981). The court granted section 2255 relief on the grounds that in imposing sentence originally it had relied on an estimate, which subsequently proved to be incorrect, contained in a pre-sentence investigation...

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