United States v. Baylin

OPINION

LATCHUM, Chief Judge.

At issue in this case is what information a court may permissibly consider in formulating an appropriate sentence for a convicted defendant, and the extent to which the government, through a plea agreement, may impose restraints on the information which a court may otherwise properly receive prior to sentencing. Herbert Baylin has filed a second petition for habeas corpus relief under § 2255 on the ground that the court which imposed sentence upon him erroneously relied upon: (1) unfavorable information transmitted to the court by the pre-sentence report, in…