United States v. Randolph Turner

We decide whether the district court erred by failing to require a presentence investigation report prior to imposition of Randolph Turner’s sentence.

BACKGROUND

In 1983, Turner was sentenced to a term of eight years for bank robbery. In May 1988, he was sent to a work release facility, and began to work, first as a janitor and then in a factory. In September 1988, he obtained a permanent job as a forklift operator and was scheduled for release the following month.

At 3:00 a.m. on September 22, 11 days before his release date, Turner walked away from the work release facility. He was arrested later that day at a local motel.

A grand jury charged him with escape under 18 U.S.C. §§ 751 (a) and 4082(d). He pleaded not guilty, and was convicted by a jury. Following his conviction, the district court indicated that a presentence report would be unnecessary because Turner had been in confinement since the previous report was prepared in 1983. Turner and his counsel then executed a written waiver of the preparation of a new presentence report.

The probation office prepared a report in three parts: (1) a two-page letter giving the details of Turner’s offense; (2) a copy of the 1983…