United States v. Danny Hodges

Appellant was convicted on two counts of knowingly and intentionally distributing marijuana in violation of 21 U.S.C. § 841(a)(1). He complains on appeal that his sentence was imposed in violation of Rule 32(c)(3)(A), Fed.R.Crim.P., which requires the court to permit defense counsel, upon request, to read portions of the presentence report and to comment upon any alleged factual inaccuracy contained in the report. 1

We agree that Rule 32(c)(3)(A) was not complied with here. The record reveals a bona fide effort by defense counsel to request the presentence report at the sentenc ing hearing…