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U.S. v. KATZIN

No. 86-1519.

824 F.2d 234 (1987)

UNITED STATES of America, Appellee, v. KATZIN, Harry a/k/a "Porky", Appellant.

United States Court of Appeals, Third Circuit.

Decided July 9, 1987.

Rehearing Denied August 7, 1987.

Attorney(s) appearing for the Case

Nicholas C. Harbist (argued), Asst. U.S. Atty., Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Peter Goldberger (argued), Alan Ellis, Ellis and Newman, P.C., Philadelphia, Pa., for appellant.

Before WEIS, BECKER and HUNTER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

When a defendant disputes facts included in a Pre-Sentence Investigation report (PSI), Rule 32(c)(3)(D) of the Federal Rules of Criminal Procedure requires a sentencing court to resolve those disputes or to determine that it will not rely on the disputed facts in sentencing.1 The court must then append to the report a record of these findings or determinations before the Probation Office...

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