Unpublished Disposition, 931 F.2d 61 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 931 F.2d 61 (9th Cir. 1991)

UNITED STATES of America, Plaintiff-Appellee,v.Matthew Todd WEST, Defendant-Appellant.

No. 89-16498.

United States Court of Appeals, Ninth Circuit.

Submitted April 19, 1991.* Decided April 23, 1991.

Before POOLE, D.W. NELSON and NOONAN, Circuit Judges.


Matthew Todd West, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. West contends that the district court violated Fed. R. Crim. P. 32(c) (3) (D) at sentencing by relying on controverted information contained in his presentence report. We review de novo, Iaea v. Sunn, 800 F.2d 861, 864 (9th Cir. 1986). We affirm in part, and remand in part.

Because the district court stated that the disputed matters were not relied upon at sentencing, West's section 2255 motion was properly denied. Nevertheless, the district court is required to append a copy of its findings or determinations to the presentence report to show what matters were relied upon at sentencing. See United States v. Roberson, 896 F.2d 388 (9th Cir. 1990), amended in part, 917 F.2d 1158, 1159 (9th Cir. 1990); United States v. Macias-Perez, 915 F.2d 570, 571 (9th Cir. 1990). Here, the findings or determinations were not appended to the presentence report. Accordingly, we instruct the district court to append its findings or determinations to the presentence report and forward it to prison authorities.

AFFIRMED in part, and REMANDED in part.


The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4. Accordingly, West's request for oral argument is denied


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Circuit R. 36-3