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UNITED STATES v. BAYLIN

Cr. A. No. 81-22.

535 F.Supp. 1145 (1982)

UNITED STATES of America, Plaintiff, v. Herbert BAYLIN, Defendant.

United States District Court, D. Delaware.

March 26, 1982.

Attorney(s) appearing for the Case

Irving Morris and Kevin Gross of Morris & Rosenthal, P.A., Wilmington, Del., Nathan Lewin, Thomas B. Carr and James E. Rocap, III, of Miller, Cassidy, Larroca & Lewin, Washington, D. C., for defendant-petitioner.

Joseph J. Farnan, Jr., U. S. Atty., and John X. Denney, Jr., Asst. U. S. Atty., Wilmington, Del., for plaintiff-respondent.

OPINION

LATCHUM, Chief Judge.

At issue in this case is what information a court may permissibly consider in formulating an appropriate sentence for a convicted defendant, and the extent to which the government, through a plea agreement, may impose restraints on the information which a court may otherwise properly receive prior to sentencing. Herbert Baylin has filed a second petition for habeas corpus relief under § 2255 on the ground that the court...

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