Public-domain · open source
OpenJurist

403 F.2d 31

Docket No. 17248.

Parness v. United States

Third Circuit Court of Appeals

Submitted on Briefs Nov. 5,1968.

Decided Nov. 13, 1968.

Third Circuit Court of Appeals · decided 1968-11-13

Cited by 3 later decisions — most recently August 1969

3 federal appellate ·

2 counsel of record

Relies on Ogletree v. Ohio · Parness v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1968-11-13

View the full empirical analysis of this case →

¶1Milton Parness, pro se.

¶2Donald Horowitz, Asst. U. S. Atty., David M. Satz, Jr., U. S. Atty., Newark, N. J., for appellee.

¶3Before KALODNER, FORMAN and STAHL, Circuit Judges.

¶4OPINION OF THE COURT

¶5PER CURIAM:

¶6Once again this federal prisoner has gone to the well in his efforts to vacate and correct his sentence on the ground that it had been premised upon false information contained in a pre-sentence report.1

¶7He now appeals from the sentencing judge’s denial of his motion to vacate and correct his sentence, made under Section 2255, Title 28 U.S.C.A.

¶8In his Opinion and Order denying the motion, the sentencing judge, after reciting newly specified challenges to the pre-sentence report, said in relevant part:

"I certify that none of the statements in the Presentence Report, presently criticized by petitioner, affected my judgment as to the sentence which should be imposed upon him.”

¶9The stated finding of the sentencing judge stands unimpeached. Since none of the challenged statements in the presentence report were determinative factors in his sentencing, the prisoner’s complaint is groundless.

¶10For the reasons stated the Order of the District Court will be affirmed.

/403/f2d/31 · .json · Public domain