Randolph Dale Pearce v. United States

Appellant was indicted in the District of Oregon for violation of the Dyer Act, Title 18 U.S.C. § 2314 . He was accused of having caused a falsely made and forged check to be transported in interstate commerce. He was arrested in the Northern District of California and brought before the District Court for that district for a hearing under Criminal Rule 20, 18 U.S.C. The court appointed counsel to represent him; he waived right to trial in Oregon and elected to proceed under Rule 20 and to plead guilty to both counts of the indictment.

Appellant’s counsel noticed a motion for an order allowing inspection of the presentence investigation report of the probation service. After the plea of guilty was entered, argument proceeded in support of this motion. During colloquy between the court and counsel for appellant the court remarked: “I don’t know whether you have had a chance to talk to the Probation Officer as to the details of the report,” and counsel replied: “I have, your Honor, and at length, but I still have a motion before the court asking that I be given — be allowed to inspect the probation report as a matter of law.” The motion was denied. The denial of that motion is the…