JOHNSON v. UNITED STATES

No. 85-1378.

805 F.2d 1284 (1986)

Richard JOHNSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 4, 1986.

Rehearing and Rehearing Denied January 14, 1987.


Attorney(s) appearing for the Case

Ada S. Cooper, Jenner & Block, Chicago, Ill., for petitioner-appellant.

Laurie J. Barsella, Asst. U.S. Atty., Anton R. Valukas, U.S. Atty., Chicago, Ill., for respondent-appellee.

Before BAUER, Chief Judge, POSNER, Circuit Judge, and SWYGERT, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied January 14, 1987.

POSNER, Circuit Judge.

This appeal from the denial of Richard Johnson's petition to vacate his sentence requires us to consider in what circumstances a criminal defendant can use 28 U.S.C. § 2255, the federal prisoner's substitute for habeas corpus, to correct violations of Rule 32 of the Federal Rules of Criminal Procedure. As amended in 1983, Rule 32 requires that the report of the presentence...

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