Does a defendant have a fundamental right to be informed of all derogatory information in the context of sentencing?
MultiRegion, United States of America
The following excerpt is from Serapo v. U.S., 595 F.2d 3 (9th Cir. 1979):
That this right not be rendered a nullity, in United States v. Perri, 513 F.2d 572 (9th Cir. 1975), we recognized that where a judge bases a sentence exclusively on undisclosed negative information:
(F)undamental fairness to the defendant requires that he and his attorney be told the substance of all derogatory information which adversely affects his interests . . .
United States v. Perri, 513 F.2d at 575.
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