Tony Fernandez v. Raymond W. Meier, Anthony Fernandez v. United States

This is a proceeding under 28 U.S.C. § 2255 attacking the sentence imposed on petitioner following conviction upon an indictment charging seven counts of interstate transportation of funds (18 U.S. C. § 2314) and one count of conspiracy to defraud the United States Government ( 18 U.S.C. § 371 ). The Court of Appeals affirmed the conviction on all of the substantive fraud counts but reversed the conviction on the conspiracy count. Fernandez v. United States, 329 F.2d 899 (9th Cir. 1964), cert. den., 379 U.S. 832 , 85 S.Ct. 62 , 13 L.Ed.2d 40 .

Following his conviction, petitioner was sentenced to terms totaling eleven years and eleven months on the eight counts. At the time of sentencing, petitioner requested but was denied the right to inspect the presentence report made available to the District Court by the probation service. Petitioner bases his claim for relief upon the refusal of the District Court judge, at the time of sentencing, to grant petitioner the opportunity to examine the presentenee report. He asserts that the failure to afford him the opportunity to examine the presentence report, and thus the opportunity to refute any untrue or prejudicial material contained in…