United States v. John Peter Perri

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Following his conviction on a charge of possession of goods stolen from an interstate shipment [18 U.S.C. § 659], appellant was sentenced to a term of ten years’ confinement. His appeal raises the question: Did the district court err in basing its sentence upon allegations contained in “confidential reports” supplied to the court by the government, the defendant being denied access to the reports and an opportunity to rebut them. The colloquy, following imposition of sentence, is set forth in the margin. 1 We remand for resentencing.

Following the jury…