What is the current state of the law in relation to Rule 32 of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from U.S. v. Putra, 85 F.3d 639 (9th Cir. 1996):

We have held that Rule 32 only requires that the sentencing court "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, 245-46 (9th Cir.1989). It is also necessary that the defendant establish prejudice and that he make an affirmative allegation that he failed to read the report. See United States v. Davila-Escovedo, 36 F.3d 840, 844 (9th Cir.1994), cert. denied, 115 S.Ct. 953 (1995). Because Liaskos has done neither, we hold that the error, if any, was harmless.

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