United States v. Danny John Montecalvo

OPINION

Before HUFSTEDLER and CHOY, Circuit Judges, and REAL,* District Judge. HUFSTEDLER, Circuit Judge:

Montecalvo appeals from his conviction for bank robbery. Only one of the three issues on appeal requires discussion: Did the district court violate Rule 32(c)(1) of the Federal Rules of Criminal Procedure by reading, prior to Montecalvo’s conviction, material presented by the probation service to assist the court in sentencing?

On the afternoon of Montecalvo’s arrest, he appeared before a federal magistrate and indicated that he wanted to waive indictment and enter a guilty plea. His lawyer…