U.S. v. GOMEZ

No. 86-5029.

831 F.2d 453 (1987)

UNITED STATES of America v. Luis GOMEZ, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 23, 1987.


Attorney(s) appearing for the Case

John F. McMahon (argued), Federal Public Defender, Newark, N.J., for appellant.

Samuel A. Alito, Jr., U.S. Atty., Marion Percell (argued), Asst. U.S. Atty., Newark, N.J., for appellee.

Before SLOVITER and STAPLETON, Circuit Judges, and BRODERICK, District Judge.


SLOVITER, Circuit Judge.

This appeal concerns the district court's obligation under Rule 32(c)(3)(D) of the Federal Rules of Criminal Procedure to make findings as to alleged factual inaccuracies in a defendant's presentence investigation report. We must determine whether that obligation applies when the defendant's allegation is not that there is factual inaccuracy but that inaccurate factual inferences are likely to be drawn from the report's presentation of concededly...

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