(Download) "United States v. Knupp" by United States Court of Appeals for the Fourth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Knupp
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 15, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The appellant entered a plea of nolo contendere before the United States District Court to the charge of filing false quarterly returns in violation of 26 U.S.C.A. § 7206(1). His case was referred to the probation officer for a presentence report. When the defendant later appeared for sentencing, his attorney sought a copy of that report, but the Court refused the request. The ensuing sentence of the Court was for two years; all except six months of this term was suspended. Appellant's sole contention of error on this appeal is that the District Court erred in withholding the presentence report from the defendant. For reasons set out below, we affirm. This Court recently had before it in Baker v. United States, 4 Cir., 388 F.2d 931, the issue of disclosing a presentence report. The constitutional necessity for such a disclosure was there considered and dismissed. We see no reason to disturb that conclusion. Neither Townsend v. Burke, 334 U.S. 736, 92 L. Ed. 1690, 68 S. Ct. 1252; Greene v. McElroy, 360 U.S. 474, 79 S. Ct. 1400, 3 L. Ed. 2d 1377; nor Kent v. United States, 383 U.S. 541, 16 L. Ed. 2d 84, 86 S. Ct. 1045 require that result. See United States v. Carden, 8 Cir., 428 F.2d 1116.