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U.S. v. ROBERSON

No. 89-10049.

896 F.2d 388 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Paul ROBERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 14, 1990.

Attorney(s) appearing for the Case

Michael H. Murray, Livermore, Cal., for defendant-appellant.

Robert Dondero, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before ALDISERT, TANG and SKOPIL, Circuit Judges.

ALDISERT, Circuit Judge:

This appeal requires us to decide whether a defendant may properly appeal an alleged violation of Fed.R.Crim.P. 32 (factual inaccuracy in a presentence investigation report) after the limitations period for appeal has run by raising the claim in a timely filed Fed.R.Crim.P. 35 motion (correction of illegal sentence). We hold that, while ordinarily a Rule 32 matter cannot be subsumed in a Rule 35 motion, the unique circumstances presented here...

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