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Parness v. United States

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: October 12, 1966.

MILTON PARNESS, APPELLANT,
v.
UNITED STATES OF AMERICA

Hastie, Smith and Seitz, Circuit Judges.

Author: Per Curiam

This is an appeal by a federal prisoner from the denial of his motion, made under section 2255 of title 28, United States Code, to vacate and correct his sentence*fn1 on the ground that it had been based upon false information contained in a presentence report.

The sentencing judge also heard and denied the present motion. In doing so he expressly found that the assertions challenged as false had not "affected * * * [his] judgment as to the sentence which should be imposed" and that, upon present reconsideration of all relevant and proper information and circumstances, the sentence was appropriate and should stand.*fn2

These findings are unimpeached. Since the challenged matter played no part in the judge's original determination of an appropriate sentence or in his subsequent reaffirmation of it, the prisoner's complaint is groundless.

The order appealed from will be affirmed.


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