Clarence Hardy v. United States

BREYER, Circuit Judge.

This appeal is brought from a denial of a petition to vacate sentence and conviction under 28 U.S.C. § 2255.

Appellant was convicted in 1972 on various charges related to distribution of heroin. He was sentenced to two consecutive twenty-year terms. First offenders under the applicable statute (21 U.S.C. § 841) face a maximum term of fifteen years on each count. The sentence here derived from the existence of a prior offense.

Four errors are alleged.

The first involves an alleged reliance on erroneous information at sentencing. Appellant alleges that his pre-sentence report…