Woody V. Moot Court Case Summary

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UNITED STATES COURT OF APPEALS TENTH CIRCUIT NO. 92-2280 UNITED STATES OF AMERICA, Respondent/Appellee, vs. LEONARD WOODY, Movant/Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO BRIEF OF APPELLEE DON J. SVET United States Attorney RHONDA P. BACKINOFF Assistant U.S. Attorney Post Office Box 607 Albuquerque, NM 87103 (505) 766-3341 Attorneys for Appellee February, 1993 ----- TABLE OF CONTENTS PAGE TABLE OF CASES AND OTHER AUTHORITIES i PRIOR OR RELATED APPEALS .......... ............ .......... .....ii STATEMENT OF ISSUES PRESENTED FOR REVIEW 1 STATEMENT OF THE…show more content…
§§ 1153 and 2241(a). (Doc. 1). On February 16, 1988, Woody pled guilty to the less serious charge of Sexual Abuse on an Indian Reservation, 18 U.S.C. §§ 1153 and 2242 (1). His guilty plea was pursuant to a plea agreement in which the gov­ ernment agreed to move for dismissal of the indictment following sentencing, not to seek Woody's detention prior to sentencing, and not to oppose Woody's efforts to seek voluntary surrender status. (Doc. MV-1, Memorandum of Understanding Regarding Guilty Plea). The Court accepted Woody's gui 1ty plea, ordered a Presentence Report (PSR) and scheduled a sentencing…show more content…
Therefore, the sentence is legal. United States v. Alberico, 604 F.2d 1315 (10th Cir. ), cert. denied, 444 U.S. 992 (1979); United States v . Dillion, 566 F.2d 702 (10th Cir.), cert. denied, 435 U.S. 971 (1977). The record clearly shows that Woody and his attorney had ample time to review Woody's PSR prior to sentencing. (Doc. MV- 1, PSR at 1). They did so and had "no problems with it." (Doc. MV-6, Exhibit 1 at 1). The record also shows that Woody never appealed hi s conviction or sentence. His § 2255 Motion was his first and only attempt to challenge his sentence. Clearly Woody waived any objections to the PSR as sub­ mitted. The defendant had the responsibility to advise the Court of any claimed errors in the PSR. Hi s failure to voice any objec­ tions waived any issue not properly presented. Gray v . Benson, 458 F.Supp 1209 (D.C. Kan. (1978), aff'd, 608 F.2d 825 (10th Cir. 1979) . This Court has long held that "Section 2255 is not avail­ able to test the legality of matters which should have been raised on appeal." United States v. Cox, 567 F.2d 930, 932 (10th Cir. 1977), cert. denied, 435 U.S. 927 (1978), (citing Porth v.

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