Legal Opinion

United States v. Gino Rosciano

Court of Appeals for the Seventh Circuit

Decided July 18, 1974No. 73-1666PublishedCited by 24 opinions

1Per curiam

This matter came before us as a result of our May 2, 1974, order granting an en banc rehearing of the panel decision herein reported at 499 F.2d 166. The question involved is whether a district judge, who has not been requested by counsel to do so, is nevertheless required by Rule 32(c)(1) of the present Federal Rules of Criminal Procedure to give explicit reasons for his denial of a presentence report before imposing sentence after considering mitigating factors. The panel decision is not in conflict with any previous decision of this Court.

The function of en banc hearings is not to review…

2Cases cited2 opinions

  1. Western Pacific Railroad Corp. v. Western Pacific Railroad Co.Supreme Court of the United States · 1953
  2. United States v. Gino RoscianoCourt of Appeals for the Seventh Circuit · 1974

3Cited by24 opinions

  1. 69 Fair empl.prac.cas. (Bna) 1255, 66 Empl. Prac. Dec. P 43,684 Peggy M. Spicer v. Commonwealth of Virginia, Department of Corrections, and Buckingham Correctional Center David Smith, in His Capacity as the Warden of Buckingham Correctional Center, Commonwealth of Virginia Department of Corrections J.M. Perutelli, Captain, Peggy M. Spicer v. Commonwealth of Virginia, Department of Corrections Buckingham Correctional Center Buckingham Correctional Center David Smith, in His Capacity as the Warden of Buckingham Correctional Center, Commonwealth of Virginia Department of Corrections J.M. Perutelli, CaptainCourt of Appeals for the Fourth Circuit · 1995
  2. John Stephan Parisie v. J.W. Greer, Warden, Menard Correctional CenterCourt of Appeals for the Seventh Circuit · 1983
  3. Hm Holdings, Incorporated v. Sharyn L. Rankin, as Personal Representative of the Estate of Robert S. Rankin, DeceasedCourt of Appeals for the Seventh Circuit · 1995
  4. Marr v. StateDistrict Court of Appeal of Florida · 1985
  5. State v. HowardOhio Court of Appeals · 2013

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