United States v. Robert Carl Leonard

Appellant appeals the summary dismissal of his 28 U.S.C. § 2255 motion to vacate his prior federal sentence. In his motion Leonard alleged that the sentence he is serving was imposed on the basis of false and unverified material contained in his presen- tence report. The question presented by this appeal is whether the district court, which at the time of sentencing afforded defendant and his counsel an opportunity to examine the presentence report and to comment upon it, must now conduct an eviden-tiary hearing on the allegations contained in appellant’s motion.

Leonard, pursuant to a plea agreement, pled guilty to two counts of making a false credit application in violation of 18 U.S.C. § 1014 . The guilty pleas were accepted by the district court on April 6, 1977. At the sentencing hearing on May 3, 1977, Leonard’s attorney, Public Defender Klein-schmidt, said in part: “I would first like to make a report about the presentence report. I have read it. Insofar as it states the facts it is accurate.” The public defender did inform the district judge that much of the material in the report had been taken from a state presentence report relative to a state sentence appellant was…