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Article • May 1, 1996 • from P&J May, 1996
U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken) by This is a rare case in which a sentence is vacated because the district court failed to make an appropriate finding required by Rule 32(b) with respect to facts contained in the …
Article • May 1, 1996 • from P&J May, 1996
U.S. v. Jones, No. 94-6463 (10th Cir.) (80 F.3d 436) (April 4, 1996) (Judge Stephanie K. Seymour) by Case held that a defendant automatically waives any claim to the lateness of receipt of PSI Report by attending sentencing hearing. Although Rule 32(b)(6)(A) states that a defendant must receive his presentence …