Michael G. Doganiere v. United States

Michael Doganiere, a federal prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his sentence and to modify his presentence investigation report. Doganiere also challenges the district court’s failure to hold an evidentiary hearing on his motion, and further claims he was prejudiced by the court’s delay in deciding his motion. We have jurisdiction under 28 U.S.C. §§ 2255 and 1291.

FACTS

On March 28, 1983, Doganiere pleaded guilty to two counts of bank robbery. The district court sentenced Doganiere to fifteen years on one count and a subsequent term of probation on the other count. The court dismissed three counts involving additional bank robberies. Doganiere was sent to a federal prison in Washington. The United States Parole Commission later denied Doganiere’s parole request. The Parole Commission based its decision in part on the three dismissed counts of bank robbery which were disclosed by the pre-sentence report, but which Doganiere controverted. The district court had determined it would not rely upon these three counts in sentencing Doganiere, but it did not append this finding to the presentence report which was sent to the…