What is the test for a judge to sentence a convicted sex offender on the basis of his criminal record?
MultiRegion, United States of America
The following excerpt is from Gelfuso v. Bell, 590 F.2d 754 (9th Cir. 1978):
2 See Townsend v. Burke, 334 U.S. 736, 741, 68 S.Ct. 1252, 1255, 92 L.Ed. 1690 (1948) (improper for court to sentence convicted defendant "on the basis of assumptions concerning his criminal record which were materially untrue"); Farrow v. United States, supra, 580 F.2d at 1358.
3 The full text of the judge's remarks in this regard is as follows:
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