United States v. Edward O. Messer, Jr.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
SKOPIL, Circuit Judge.
Defendant-appellant Edward Messer, Jr. (“Messer”) appeals his maximum sentence he received after pleading guilty to income tax evasion. Messer contends the district court, in sentencing him, improperly relied on (1) unsubstantiated information in the presentence report; and (2) Messer’s unwillingness to disclose the source of his income. We are unable to determine from the record what reliance, if any, the district court gave to the contested information. We remand for compliance with Fed.R. Crim.P. 32(c)(3)(D). Inasmuch as the district court may have improperly…
2Cases cited13 opinions
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- United States v. TuckerSupreme Court of the United States · 1972
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