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eBook details

• Title: Mcdaniels v. United States
• Author : United States Court of Appeals for the Ninth Circuit
• Release Date : January 21, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

William E. McDaniels, a federal prisoner, appeals the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence imposed following his 1982 conviction by jury trial for four counts of armed bank robbery, in violation of 18 U.S.C. § 2113(a) & (d). McDaniels contends that the district court erred by (1) refusing to reduce his 25-year sentence on the basis that at sentencing it had relied on factual errors about prior convictions in his presentence report (PSR) and (2) failing to rule on his motion to correct the PSR. The government contends that (1) this appeal should be dismissed for abuse of the writ because McDaniels did not challenge the accuracy of the PSR in two previous section 2255 motions, and (2) the issue of the accuracy of the PSR was procedurally defaulted because McDaniels did not raise it at the sentencing hearing. As to McDanielss second contention, the government concedes that the district court erred by failing to append its order to the PSR. We have jurisdiction under 28 U.S.C. § 2255. We review de novo, Doganiere v. United States, 914 F.2d 165, 167 (9th Cir. 1990), cert. denied, 111 S. Ct. 1398 (1991), and we affirm in part and remand for further proceedings.

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