Public-domain · open source
OpenJurist

475 F.2d 90

Docket No. 73-1052.

United States v. Glover

Fourth Circuit Court of Appeals

Decided March 21, 1973.

Fourth Circuit Court of Appeals · decided 1973-03-21

Cited by 1 later decisions — most recently March 1973

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 371

Relies on Townsend v. Burke · Baker v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1973-03-21

View the full empirical analysis of this case →

¶1Frederick D. Greco, McLean, Va. (Court-appointed counsel), on brief, for appellant.

¶2Brian P. Gettings, U. S. Atty., David H. Hopkins, Asst. U. S. Atty., on brief, for appellee.

¶3Before WINTER, CRAVEN, and BUTZNER, Circuit Judges.

¶4PER CURIAM:

¶5David Wayne Glover was convicted following a plea of guilty of conspiracy to counterfeit obligations of the United States in violation of 18 U.S.C. § 371 (1969). His case was referred to the probation officer for a presentence report and the ensuing sentence of the court was for three years.

¶6Glover’s attorney does not seek a copy of the presentence report; rather, he speculates that the sentence must have been imposed on the basis of inaccuracies in the report.

¶7Our examination of the presentence report, Baker v. United States, 388 F.2d 931, 933 (4 Cir. 1968), and the transcript does not disclose the presence of false or misleading information that would constitute a violation of due process in the several respects suggested by counsel. See Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948).

¶8Accordingly, we dispense with oral argument and grant the government’s motion for summary affirmance.

¶9Affirmed.

¶10WINTER, Circuit Judge

¶11(concurring specially):

¶12My own views that a presentence report should be freely exhibited to counsel for a defendant have been previously expressed in my special concurrence in Baker, and I continue to adhere to them. I join in the judgment of the court, but I call attention to the fact that this case is a good example of two additional reasons why disclosure should be the rule rather than the exception. First, if full disclosure is withheld, appellate review to determine if Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948) has been met, as suggested in the majority opinion in Baker, 388 F.2d at 933, is stimulated. What lawyer, court appointed or privately employed, would forego such review when he may be charged with incompetence for failure to invoke it should it subsequently be established that the sentencing judge *91relied upon erroneous data in the presentence report? Second, and intimately connected with the first consideration, unmeritorious appeals are encouraged. This appeal has been found to be lacking in merit. But how can counsel be expected to exercise professional judgment in advising whether an appeal should be taken when he is denied access to the facts on which to base his judgment? Current workloads show clearly that additional appeals, and especially unmeritorious additional appeals, are the last things which should be encouraged.

/475/f2d/90 · .json · Public domain