Gregg v. United States, 394 U.S. 489 (1969)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

Petitioner argues that his conviction for jeopardizing the lives of postal custodians while robbing them should be reversed because the trial judge read the presentence report before the jury returned its verdict, in violation of Fed.Rule Crim.Proc. 32. This contention is rejected. There is no direct evidence in the record that the trial judge read the report before the jury’s verdict was delivered. Moreover, there was no prejudice to petitioner’s rights, since even if the judge read the report after the jury retired and before it returned the verdict, he could not have affected the jury prior to the verdict; the 25-year sentence was mandated by the statute, and the information in the presentence report had been revealed to the judge in an earlier psychiatric report. Pp. 491-494.

Affirmed.