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U.S. v. Gambone

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


filed: July 22, 1991; As Amended July 23, 1991.

UNITED STATES
v.
LOUIS GAMBONE

On Appeal from the United States District Court for the Eastern District of Pennsylvania; D.C. Criminal No. 89-308.

Becker, Nygaard and Higginbotham, Circuit Judges.

Author: Per Curiam

Louis Gambone was indicted for possession with intent to distribute cocaine, aiding and abetting, and conspiracy. He pled guilty on January 30, 1990 to conspiracy and aiding and abetting. Gambone was sentenced to eight years confinement, followed by five years probation, and was fined $50,000.

At the sentencing hearing, pursuant to Federal Rule of Criminal Procedure 32(c), the district court judge ordered a copy of the sentencing transcript setting forth certain agreed upon corrections to the presentence report be appended thereto.*fn1 The sentencing judge also relied upon Gambone's version of the offense which was affixed to the presentence report. At oral argument before this court, the government conceded that neither the sentencing transcript nor Gambone's version of the offense was included in the materials sent to the Bureau of Prisons and the Parole Commission.

Accordingly, we will remand this matter to the district court for that court to order the transcript of the sentencing proceedings and the defendant's version of the offense be appended to the presentence report and forwarded to the Bureau of Prisons and the Parole Commission. In all other respects, the judgment of the District Court entered on April 23, 1990, will be affirmed.*fn2


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