United States v. Ken Gattas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding 2255 proper vehicle for sentencing court's failure to attach determination of disputed matters to presentence report because problem may not reasonably be discovered until long after sentencing
• recognizing exception, noting that a court's failure to make findings under Rule 32(c)(3)(D) is apparent at the time of sentencing, and can therefore be raised on appeal, but that a failure to append is not readily discernible until later
• violations of the first part of Fed.R.Crim.P. 32(c)(3)(D) are obvious at sentencing
• Section 2255 relief is available for Rule 32(c)(3)(D) violations where the failure to comply with the rule was not discovered until after the time for direct appeal and for a Rule 35 motion had expired
• Section 2255 available for violations of second part of Rule 32(c)(3)(D)

Source: CourtListener parenthetical corpus (CC0).