John Edward McKnabb v. United States

EDWARDS, Circuit Judge.

Appellant McKnabb appeals from denial by a District Judge in the Eastern District of Kentucky of his motion to vacate sentence under 28 U.S.C. § 2255 (1970). After referral of the motion to the United States Magistrate and receipt of the Magistrate's report and recommendation, which report was made without hearing, the District Judge adopted the report and dismissed the cause of action.

Two significant issues are posed by this appeal. 1 The first is whether or not the District Judge’s failure to secure a presentence report prior to administering a life sentence to…