U.S. v. FERNANDEZ-ANGULO

No. 87-3068.

897 F.2d 1514 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Angel FERNANDEZ-ANGULO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 13, 1990.


Attorney(s) appearing for the Case

Paul S. Petterson, Asst. Federal Public Defender, Portland, Or., for defendant-appellant.

Kenneth C. Bauman, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Before GOODWIN, Chief Judge, WALLACE, FARRIS, PREGERSON, POOLE, NELSON, CANBY, NORRIS, BEEZER, WIGGINS and LEAVY, Circuit Judges.


Argued En Banc and Submitted August 16, 1989.

BEEZER, Circuit Judge:

We take this case en banc to address the interpretation of Fed.R.Crim.P. 32(c)(3)(D). The question before us concerns what that Rule requires of a sentencing court when a defendant challenges the accuracy of matters contained in the presentence report and what relief should be granted if the district court failed to comply with the requirements of the Rule at the time of sentencing.

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