Is a confidential recommendation as to sentencing options exempt from disclosure under Rule 32(c)(3)(A)?

MultiRegion, United States of America

The following excerpt is from U.S. v. Doe, 734 F.2d 406 (9th Cir. 1983):

Thus, the district court did not err by refusing to disclose the confidential recommendation as to sentencing options because such disclosure is expressly exempted under Rule 32(c)(3)(A). See United States v. Howard-Arias, 679 F.2d 363, 367 (4th Cir.), cert. denied, 459 U.S. 874, 103 S.Ct. 165, 74 L.Ed.2d 136 (1982) (appellant's claim that the court was required to divulge the contents of the probation officer's sentencing recommendation is meritless because Rule 32(c)(3)(A) explicitly authorizes otherwise). 1

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