U.S. Court of Appeals for the Third Circuit, 1967

Milton Parness v. United States

Milton Parness v. United States
U.S. Court of Appeals for the Third Circuit · Decided February 13, 1967 · Hastie, Smith, Seitz
368 F.2d 327 (Federal Reporter, Second Series)

Milton Parness v. United States

Opinion

PER CURIAM:

This is an appeal by a federal prisoner from the denial of his motion, made under section 2255 of title 28, United States Code, to vacate and correct his sentence 1 on the ground that it had been based upon false information contained in a presentence report.

The sentencing judge also heard and denied the present motion. In doing so he expressly found that the assertions challenged as false had not “affected * * * [his] judgment as to the sentence which should be imposed” and that, upon present reconsideration of all relevant and proper information and circumstances, the sentence was appropriate and should stand. 2

These findings are unimpeached. Since the challenged matter played no *328 part in the judge's original determination of an appropriate sentence or in his subsequent reaffirmation of it, the prisoner’s complaint is groundless.

The order appealed from will be affirmed.

1

. Conviction and sentence were affirmed by this court. 331 F.2d 703, cert. denied 377 U.S. 993, 84 S.Ct. 1919, 12 L.Ed.2d 1045.

2

. On an earlier motion, the court had reduced the original term of imprisonment from five years to four.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.