The following excerpt is from U.S. v. Villa, 908 F.2d 978 (9th Cir. 1990):
Villa challenges the accuracy of the presentence report. We do not review the accuracy of presentence reports in a Section 2255 motion where a defendant has failed "to avail himself of an opportunity to [attack] the report contemporaneously [i.e. at sentencing] or on direct appeal." United States v. Donn, 661 F.2d 820, 824 (9th Cir.1981). Villa failed to raise this issue either at the sentencing hearing, on direct appeal, or in his Rule 35 motion to reduce his sentence. Thus, we will not review this challenge now.
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