Legal Opinion

Richard Johnson v. United States

Court of Appeals for the Seventh Circuit

Decided January 14, 1987No. 85-1378PublishedCited by 83 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This appeal from the denial of Richard Johnson’s petition to vacate his sentence requires us to consider in what circumstances a criminal defendant can use 28 U.S.C. § 2255, the federal prisoner’s substitute for habeas corpus, to correct violations of Rule 32 of the Federal Rules of Criminal Procedure. As amended in 1983, Rule 32 requires that the report of the presentence investigation be shown to the defendant personally (not just to his lawyer) before sentencing, so that he can point out any factual inaccuracies to the sentencing judge. Violation of Rule 32 is…

2Cases cited25 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Darden v. WainwrightSupreme Court of the United States · 1986
  4. Donnelly v. DeChristoforoSupreme Court of the United States · 1974
  5. United States v. TuckerSupreme Court of the United States · 1972

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3Cited by83 opinions

  1. In Re James Davenport and Sherman NicholsCourt of Appeals for the Seventh Circuit · 1998
  2. United States v. Jonathan Jay PollardCourt of Appeals for the D.C. Circuit · 1992
  3. Michael J. Guinan v. United StatesCourt of Appeals for the Seventh Circuit · 1993
  4. United States v. Scott FranzCourt of Appeals for the Seventh Circuit · 1989
  5. United States v. Marina Zarnes, Michael W. Nietupski, Jeffrey L. Hunter, Benny L. Battles, Michael R. Dionne, Marvin G. Bland, and Thomas J. NietupskiCourt of Appeals for the Seventh Circuit · 1995

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