United States v. Robert A. Morgan

Morgan pleaded guilty to one count of a six-count indictment which grew out of his having possessed and attempted to sell a rifle in violation of certain provisions of 26 U.S.C. § 5861 . A presentence report was prepared which included, among other things, (1) mention of a prior charge of possession of LSD that resulted in an acquittal, (2) reference to statements made by Morgan during two separate arrests for being drunk in public, as to which charges were later dismissed, (3) reference to threatening statements allegedly made by Morgan during an arrest for drunk driving, and (4) reference to the fact that Morgan was a potential witness in a shooting incident.

Morgan objected to consideration of this information by Judge Thompson, the sentencing judge. When the information was not purged from the report, he moved for the appointment of a new probation officer, a new sentencing judge, and for a new presentence report. He also moved for an evidentiary hearing so that the government could be compelled to bolster proof of reliability of the information in the report to which Morgan objected. His motions were denied, but sentencing was continued one week so that Judge Thompson could…