UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DOUGLAS MARCUS CHEWNING, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
DOUGLAS MARCUS CHEWNING, DEFENDANT-APPELLANT
458 F.2d 381
United States Court of Appeals for the Ninth Circuit (1972)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM:
Chewning appeals from his conviction for a violation of 26 U.S.C. § 4744(a) for which he was sentenced under the Youth Corrections Act. He complains that the district court’s reliance on hearsay contained in his presentence report deprived him of due process. The issue has been decided against him. (Williams v. New York (1949) 337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337.)
In this case, wholly unlike United States v. Weston (9th Cir. 1971) 448 F. 2d 626, 634, the information in the presentence report was not unreliable. To the extent that there was any dispute about the inferences to be drawn from the facts therein recited or the emphasis to be placed on those facts, the matters were fully explored in discussion among the court, Chewning, and Chewning’s counsel. On this record there was no abuse of discretion in denying probation and committing Chewning to custody of the Attorney General pursuant to 18 U.S.C. §§ 5010(b) and 5017(c).
The judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Harris, 558 F.2d 366 (7th Cir. 1977)
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United States v. Wondrack, 578 F.2d 808 (9th Cir. 1978)
-
United States v. Yates, 554 F.2d 342 (7th Cir. 1977)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. New York, 337 U.S. 241 (U.S. 1949)
- United States v. Weston, 448 F.2d 626 (9th Cir. 1971)