State v. Ryan

Defendant, Michael W. Ryan, pled guilty to possessing a machine gun in violation of Neb. Rev. Stat. § 28-1203 (Reissue 1985). He was thereafter sentenced to imprisonment for a period of 5 years. The issues presented by defendant’s assignments of error are (1) whether the sentencing court violated defendant’s due process rights by relying on information not contained in the presentence report or elsewhere in the record and to which defendant therefore had no opportunity to reply, and (2) whether the sentence is excessive. We affirm.

The presentence report, which was reviewed by defendant and…