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  • United States v. Joseph A. Navaro, 774 F.2d 565, 2d Cir. (1985)

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    The United States Court of Appeals for the Second Circuit affirmed the district court's sentence of the defendant. The sole issue on appeal was whether the district court erred by not making findings of fact regarding alleged inaccuracies in the presentence report, however, the district court explicitly stated that it did not consider the alleged inaccuracies in determining the sentence. As the district court complied with Rule 32(c)(3)(D)(ii) of the Federal Rules of Criminal Procedure, it was not required to make findings about the alleged inaccuracies. The Court of Appeals affirmed the sentence.

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    Filed: 1985-10-02 Precedential Status: Precedential Citations: 774 F.2d 565 Docket: 235

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    The United States Court of Appeals for the Second Circuit affirmed the district court's sentence of the defendant. The sole issue on appeal was whether the district court erred by not making findings of fact regarding alleged inaccuracies in the presentence report, however, the district court explicitly stated that it did not consider the alleged inaccuracies in determining the sentence. As the district court complied with Rule 32(c)(3)(D)(ii) of the Federal Rules of Criminal Procedure, it was not required to make findings about the alleged inaccuracies. The Court of Appeals affirmed the sentence.

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    United States v. Joseph A. Navaro, 774 F.2d 565, 2d Cir. (1985)

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    The United States Court of Appeals for the Second Circuit affirmed the district court's sentence of the defendant. The sole issue on appeal was whether the district court erred by not making findings of fact regarding alleged inaccuracies in the presentence report, however, the district court explicitly stated that it did not consider the alleged inaccuracies in determining the sentence. As the district court complied with Rule 32(c)(3)(D)(ii) of the Federal Rules of Criminal Procedure, it was not required to make findings about the alleged inaccuracies. The Court of Appeals affirmed the sentence.

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    of 1

    774 F.

    2d 565

    UNITED STATES of America, Appellee,


    v.
    Joseph A. NAVARO, Defendant-Appellant.
    No. 235, Docket 85-1182.

    United States Court of Appeals,


    Second Circuit.
    Submitted Oct. 1, 1985.
    Decided Oct. 2, 1985.

    Mark P. Hutchison, Elmira, N.Y., for defendant-appellant.


    Jonathan W. Feldman, Asst. U.S. Atty., W.D.N.Y., Rochester, N.Y.
    (Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Buffalo, N.Y., of counsel),
    for appellee.
    Before LUMBARD, MANSFIELD and WINTER, Circuit Judges.
    PER CURIAM:

    The sole issue raised on appeal is a claim that the district judge erred when he
    did not make findings of fact with regard to alleged inaccuracies in the
    presentence report. However, the district judge explicitly stated that he "did not
    consider [the] alleged inaccuracies" in his determination of the sentence to be
    imposed. He thus fully complied with the requirements of Rule 32(c)(3)(D)(ii)
    of the Federal Rules of Criminal Procedure and was not otherwise required to
    make findings with regard to the alleged inaccuracies. United States v. Ibarra,
    737 F.2d 825, 827 (9th Cir.1984).

    Affirmed.

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