United States v. James R. Leblanc

HULL, District Judge.

The substantive issue in this appeal is whether a criminal defendant has a right to an evidentiary hearing regarding alleged inaccuracies in his presentence report when the district court does not rely on the disputed information in imposing its sentence. We hold that Rule 32(c)(3)(A) and (D) of the Federal Rules of Criminal Procedure does not require such a hearing. This case also raises a disturbing issue concerning a presentence report that is markedly inconsistent with a recommended offense severity rating obtained pursuant to a Rule 11 plea agreement.

In May of 1972,…