Milton Parness v. United States
Milton PARNESS, Appellant, v. UNITED STATES of America
Opinion
PER CURIAM:
This is an appeal by a federal prisoner from the denial of his motion, made under section 2255 of title 28, United States Code, to vacate and correct his sentence 1
on the ground that it had been based upon false information contained in a presentence report.
The sentencing judge also heard and denied the present motion. In doing so he expressly found that the assertions challenged as false had not “affected * * * [his] judgment as to the sentence which should be imposed” and that, upon present reconsideration of all relevant and proper information and circumstances, the sentence was appropriate and should stand.
2
These findings are unimpeached. Since the challenged matter played no *328 part in the judge's original determination of an appropriate sentence or in his subsequent reaffirmation of it, the prisoner’s complaint is groundless.
The order appealed from will be affirmed.
1
. Conviction and sentence were affirmed by this court. 331 F.2d 703 , cert. denied 377 U.S. 993 , 84 S.Ct. 1919 , 12 L.Ed.2d 1045 .
2
. On an earlier motion, the court had reduced the original term of imprisonment from five years to four.
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