UNITED STATES v. CIMINO

No. 80-2319 Summary Calendar.

659 F.2d 535 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Peter Albert CIMINO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A.

Rehearing Denied November 13, 1981.


Attorney(s) appearing for the Case

William A. Bratton, III, Dallas, Tex. (Court-appointed), for defendant-appellant.

Rebecca Gregory, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GEE, GARZA and TATE, Circuit Judges.


GARZA, Circuit Judge:

Appellant, Peter Cimino, despite his limited involvement in a counterfeit scheme, plead guilty and received a sentence of five years; his co-defendants received probated sentences. Cimino attributes the court's imposition of the sentence to reliance on factual inaccuracies in a presentence report prepared by the U.S. Probation Department. On appeal, Cimino contends that the sentencing judge violated appellant's due process rights by considering...

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