United States v. Randolph Queen

Appellant was convicted of robbery and assault with a deadly weapon in connection with the robbery of a cleaning establishment. On appeal he raises two points.

The trial judge sentenced appellant to prison for 4 to 12 years without exercising her discretion under Federal Criminal Rule 32(e) (2) to furnish appellant or his counsel the pre-sentence investigation report. 1 We reject the contention of appellant that under the circumstances of this case the failure to furnish the pre-sentence report violated due process of law. While we believe that the discretion called for by Rule 32 is the…