United States v. Ricardo Perez Ruiz

GEE, Circuit Judge:

Ruiz pleaded' guilty to two counts of violating federal narcotics laws. His contention on appeal is that the sentencing judge violated Rule 32(c)(3) by not providing him a summary of various undisclosed portions of his presentence report. Appellant complains that this oversight denied him his opportunity, guaranteed by the rule, to rebut any inaccuracies in the undisclosed material on which the judge might have relied in setting sentence. 1

Appellant’s undoing is that neither he nor his attorney ever requested the sentencing judge to make the presentence report available.…