United States v. Luis Gomez

SLOVITER, Circuit Judge.

This appeal concerns the district court’s obligation under Rule 32(c)(3)(D) of the Federal Rules of Criminal Procedure to make findings as to alleged factual inaccuracies in a defendant’s presentence investigation report. We must determine whether that obligation applies when the defendant’s allegation is not that there is factual inaccuracy but that inaccurate factual inferences are likely to be drawn from the report’s presentation of concededly accurate facts.

I

In May 1985, Luis Gomez was arrested at his home. The arresting officers found in Gomez’ apartment $55,000…