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U.S. v. BUSCHE

No. 89-3539.

915 F.2d 1150 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. John J. BUSCHE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 15, 1990.

Attorney(s) appearing for the Case

Scott C. Newman, Asst. U.S. Atty., Office of the U.S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Kevin P. McGoff, Safrin, Kiefer & McGoff, Indianapolis, Ind., for defendant-appellant.

Before CUMMINGS, CUDAHY, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

The principal question in this case under the Sentencing Guidelines is whether the district judge violated 18 U.S.C. § 3552(d) by scheduling sentencing nine days after the probation office told the defendant he could examine the presentence report. Section 3552(d) gives ten days, "unless this minimum period is waived by the defendant." The version of Fed.R.Crim.P. 32(c)(3)(A) that took effect on December 1, 1989, duplicates the statutory...

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