United States of America, Plaintiff-appellee, v. David C. Taylor, Defendant-appellant, 892 F.2d 84 (9th Cir. 1989)Annotate this Case
Submitted Aug. 22, 1989. *Decided Dec. 13, 1989
Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges.
Appellant Taylor appeals his conviction, following entry of a guilty plea, for conspiracy to possess a controlled substance with intent to distribute, challenging the legality of his sentence under Fed. R. Crim. P. 32(a) (1) (A). We review the legality of a sentence de novo. United States v. Pomazi, 851 F.2d 244, 247 (9th Cir. 1988).
Fed. R. Crim. P. 32(a) (1) (A) "does not require the court to address a defendant directly concerning his knowledge of the presentence report.... [T]he requirements of Fed. R. Crim. P. 32(a) (1) (A) are met when the sentencing judge reasonably relies on evidence indicating that a defendant has read the presentence report and discussed it with counsel." United States v. Lewis, 880 F.2d 243, 246 (9th Cir. 1989). Here, there was evidence from which the sentencing judge could reasonably have inferred that defendant had read the report and discussed it with counsel. Defendant, in addressing the court prior to sentencing, gave no indication of having been denied an opportunity to read and discuss the report. Cf. United States v. Cortez, 841 F.2d 456, 460-61 (2d Cir. 1988), cert. denied, 108 S. Ct. 2829 (1988). Indeed, defendant does not contend that he did not in fact read and discuss it, and the declaration of his counsel for sentencing indicates that defendant did in fact read and discuss the report.