Avery v. United States

CASSIBRY, District Judge :

In 1973, more than a year after petitioner had commenced serving a 10 years’ sentence for selling and distributing heroin in violation of 21 U.S.C. § 841(a)(1), this court denied his request under § 2255 to be given a “shorter and lighter sentence”. He contended that he believed the Parole Board had denied him parole on the basis of a purported statement to the F.B.I. incorporated in his presentence report, which was obtained in violation of his constitutional rights and was an inaccurate and untrue recordation of what he had said to the F.B.I. agent. He alleged that…