United States v. Herman Kravitz

HASTIE, Circuit Judge.

Appellant is a federal prisoner who is serving a ten year sentence for income tax evasion. Proceeding under Section 2255 of Title 28 United States Code, he has asked the District Court for the District of New Jersey, where he was tried, to set aside his conviction, alleging that his trial was fundamentally unfair. The court dismissed his petition without taking testimony. The prisoner has appealed.

Appellant’s first contention requires only brief discussion. He argues that his trial was unfair because the trial judge had read a presentence report, containing information…