Document Type


Publication Date



Carlos Cabrera, proceeding pro se, appeals from an order entered in the United States District Court for the Eastern District of New York (Weinstein, J.) on November 5, 1991, dismissing his 28 U.S.C. § 2255 motion to vacate sentence. The original contentions set forth in Cabrera's motion were that certain information was included in his presentence report in violation of his plea agreement, and that the information was impermissibly considered by the sentencing judge after the judge agreed to disregard the information. After the filing of the motion, the Parole Commission denied Cabrera release on parole. Cabrera thereafter added to his motion the claim that the Parole Commission, in denying him release on parole, impermissibly considered the information that the sentencing judge agreed not to consider at sentencing. For the reasons set forth below, the order of the district court is affirmed.


972 F.2d 23 (1992)

Carlos CABRERA, Petitioner-Appellant,


UNITED STATES of America, Respondent-Appellee.

No. 1355, Docket 92-2058.

United States Court of Appeals, Second Circuit.

Submitted May 28, 1992.

Decided August 4, 1992.

New York Law School location: File #1484, Box #130