United States v. Lawrence C. Cardinal, 782 F.2d 34 (6th Cir. 1986). · Go Syfert
United States v. Lawrence C. Cardinal, 782 F.2d 34 (6th Cir. 1986). Cases Citing This Book View Copy Cite
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55 citation events (11 in the last 25 years) across 17 distinct courts.
Strongest positive: United States v. Specialist TERENCE K. TAYLOR, JR. (acca, 2018-10-16) · Strongest negative: Roundtree v. United States (dc, 1990-10-02)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited "but see" Roundtree v. United States (2×)
D.C. · 1990 · signal: but see · confidence high
Accord, West v. State, 290 Ark. 329, 330-34 , 719 S.W.2d 684, 686-87 (1986); Covington, supra, 703 P.2d at 442; State v. Johnson, 66 N.C.App. 444, 446-47 , 311 S.E.2d 50, 52 , review denied, 310 N.C. 747 , 315 S.E.2d 707 (1984); Woods, supra, 657 P.2d at 182 n. 1; But see United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986); Carter v. State, 451 N.E.2d 639, 644-45 (Ind.1983).
discussed Cited as authority (rule) United States v. Specialist TERENCE K. TAYLOR, JR.
A.C.C.A. · 2018 · confidence medium
Id. at *5 (citing United States v. Rouse, 111 F.3d 561 , 569 n.7 (8th Cir. 1997); United States v. Provost, 875 F.2d 172, 177-78 (8th Cir. 1989); United States v. Cardinal, 782 F.2d 34, 36 (6th Cir. 1986); United States v. Stamper, 766 F. Supp. 1396, 1399 (W.D.N.C. 1991)).
discussed Cited as authority (rule) State v. Nunez
Wash. Ct. App. · 2011 · confidence medium
See Catches v. United States, 582 F.2d 453, 459 (8th Cir. 1978); United States v. Harvey, 701 F.2d 800, 806 (9th Cir. 1983), overruled on other grounds by United States v. Chapel, 55 F.3d 1416 (9th Cir. 1995); United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.), cert. denied, 476 U.S. 1161 (1986); Zuern v. Tate, 101 F. Supp. 2d 948, 985 (S.D.
discussed Cited as authority (rule) State v. Nunez
Wash. Ct. App. · 2011 · confidence medium
See Catches v. United States, 582 F.2d 453, 459 (8th Cir.1978); United States v. Harvey, 701 F.2d 800, 806 (9th Cir.1983), overruled on other grounds by United States v. Chapel, 55 F.3d 1416 (9th Cir.1995); United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986); Zuern v. Tate, 101 F.Supp.2d 948, 985 (S.D.Ohio 2000), rev'd in part on other grounds, 336 F.3d 478 (6th Cir.2003), cert. denied, 540 U.S. 1198 , 124 S.Ct. 1456 , 158 L.Ed.2d 113 (2004). [3] In the context of a jury's deciding aggravating factors, we found no case …
discussed Cited as authority (rule) S.M., Plaintiff-Appellee-Cross-Appellant v. J.K., Defendant-Appellant-Cross-Appellee
9th Cir. · 2001 · confidence medium
However, in United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986), we observed that a district court’s exclusion of a prior, withdrawn, rape accusation “demonstrated a sensitivity to the policy supporting the rape-shield rule.” We recognize that excluding prior instances of sexual assault, in addition to prior accusations, serves Rule 412’s “ ‘principal purpose^] ... to protect rape victims from the degrading and embarrassing disclosure of intimate details about their private lives.’” Id. (quoting 124 Cong.
discussed Cited as authority (rule) Zuern v. Tate
S.D. Ohio · 2000 · confidence medium
In United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.1986), the Sixth Circuit held that the giving of an “acquittal first,” rather than “hung jury,” instruction did not constitute plain error. 32 See also Catches v. United States, 582 F.2d 453, 459 (8th Cir.1978) (failure to give “hung jury” instruction is not cognizable in post-conviction proceeding under 28 U.S.C. § 2255 , because the asserted error is not of “constitutional magnitude”).
discussed Cited as authority (rule) United States v. Berkley
4th Cir. · 1997 · confidence medium
See, e.g., United States v. Rouse, 111 F.3d 561 , 569 n.7 (8th Cir. 1997); United States v. Provost, 875 F.2d 172, 177-78 (8th Cir. 1989); United States v. Cardinal, 782 F.2d 34, 36 (6th Cir. 1986); see also United States v. Stamper, 766 F. Supp. 1396, 1399 (W.D.N.C. 1991) (applying Rule 412 to past accusations of rape in federal court, but noting that many state courts have decided not to address prior accusations under state rape shield laws), aff'd, 959 F.2d 231 (4th Cir. 1992).
discussed Cited as authority (rule) State v. Quinn (2×)
W. Va. · 1997 · confidence medium
I agree completely with the trial judge in the case of United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986), who said: I don't see how you can separate evidence of a victim's past sexual behavior from the fact that she had made an allegation of rape and then withdrawn [sic] it.
discussed Cited as authority (rule) United States v. Anthony M. Mosley
6th Cir. · 1996 · confidence medium
Therefore, "[I]t is this Court's inveterate rule not to reverse on grounds not raised in the district court," United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.1986) (quoting United States v. McDowell Contractors, Inc. 668 F.2d 256, 257 (6th Cir.1982)), and "failure to raise an objection at trial prevents its consideration on appeal." Id. at 36 (citing Steagald v. United States, 451 U.S. 204, 211 (1981), and Fed.R.Crim.P. 51).
discussed Cited as authority (rule) United States v. Bernard York
6th Cir. · 1995 · confidence medium
This theory was first developed at oral argument in response to questions from the bench which were designed to clarify the defendant's arguments. 23 "'Itis this Court's inveterate rule not to reverse on grounds not raised in the district court,"' United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir. 1986)(quoting United States v. McDowell Contractors, Inc., 668 F.2d 256, 257 (6th Cir. 1982)), and "failure to raise an objection at trial prevents its consideration on appeal." Id. at 36 (citing Steagald v. United States, 451 U.S. 204, 211 (1981), and Fed.
discussed Cited as authority (rule) Cook v. Greyhound Lines, Inc.
D. Minnesota · 1994 · confidence medium
See United States v. Provost, 875 F.2d 172, 177-78 (8th Cir.1989), cert. denied 493 U.S. 859 , 110 S.Ct. 170 , 107 L.Ed.2d 127 (1989); United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986), cert. denied 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
discussed Cited as authority (rule) United States v. David W. Christian
6th Cir. · 1993 · confidence medium
Despite careful review of the record, however, we are unable to find any indication that the defendant raised this argument below. " 'It is this Court's inveterate rule not to reverse on grounds not raised in the district court.' " United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.) (quoting United States v. McDowell Contractors, Inc., 668 F.2d 256, 257 (6th Cir.1982)), cert. denied, 476 U.S. 1161 (1986). 6 We note, moreover, that this court decided United States v. Avant, 907 F.2d 623 (6th Cir.1990), fewer than three years ago.
discussed Cited as authority (rule) United States v. Shanton Hunter (2×)
6th Cir. · 1993 · confidence medium
II. 4 The government argues that Hunter has waived this issue on appeal, as defense counsel failed to object at the sentencing hearing. "[F]ailure to raise an objection at trial prevents its consideration on appeal ... 'It is this Court's inveterate rule not to reverse on grounds not raised in the district court.' " United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.) (quoting United States v. McDowell Contractors, Inc., 668 F.2d 256, 257 (6th Cir.1982)), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986). 5 At the sentencing hearing, the following was stated: 6 THE COURT…
cited Cited as authority (rule) United States v. Robert Holmes (91-3735), Daniel Ross (91-3774)
6th Cir. · 1992 · confidence medium
United States v. Cardinal, 782 F.2d 34, 37 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
discussed Cited as authority (rule) United States v. James Landrum
6th Cir. · 1990 · confidence medium
Under Federal Rule of Criminal Procedure 51, "failure to raise an objection at trial prevents its consideration on appeal." United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.) (citing Steagald v. United States, 451 U.S. 204, 211 (1981)), cert. denied, 476 U.S. 1161 (1986).
cited Cited as authority (rule) United States v. Ronald Vandervelden and Richard Lechler
6th Cir. · 1990 · confidence medium
United States v. Cardinal, 782 F.2d 34, 37 (6th Cir.1986), citing United States v. Plisek, 657 F.2d 920, 927 (7th Cir.1981).
cited Cited as authority (rule) State v. Castro
Ariz. Ct. App. · 1989 · confidence medium
United States v. Cardinal, 782 F.2d 34, 36 (6th Cir. 1986) cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
discussed Cited as authority (rule) United States v. Donna Marie Sunrhodes
10th Cir. · 1987 · confidence medium
United States v. Cardinal, 782 F.2d 34, 37 (6th Cir.), cert. denied, — U.S. --, 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986); United States v. Gonzalez, 576 F.Supp. 334, 335 (D.Ore. 1983) (hearsay information concerning other offenses may be considered at sentencing where there was substantial other evidence to support the accuracy of the hearsay information).
discussed Cited "see" Quinn v. Hanes
4th Cir. · 2000 · signal: see · confidence high
See United States v. Cardinal, 782 F.2d 34, 36 (6th Cir. 1986) (stating that allowing cross-examination of a victim about prior false allegations of sexual assault violates the spirit of the rape shield law); Hughes v. Raines, 641 F.2d 790, 793 (9th Cir. 1981) (noting that the rules of evidence generally prohibit drawing an inference that because a person "may have acted wrongfully on one occasion, he or she also acted wrongfully on the occasion at issue"); Quinn, 490 S.E.2d at 46 (Maynard, J., dissenting) (stating that he would disallow cross- examination of all prior false allegations becaus…
discussed Cited "see" James Quinn v. William S. Haynes, Warden, Huttonsville Correctional Center Darrell v. McGraw Jr., Attorney General of the State of West Virginia
4th Cir. · 2000 · signal: see · confidence high
See United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986) (stating that allowing cross-examination of a victim about prior false allegations of sexual assault violates the spirit of the rape shield law); Hughes v. Raines, 641 F.2d 790, 793 (9th Cir.1981) (noting that the rules of evidence generally prohibit drawing an inference that because a person “may have acted wrongfully on one occasion, he or she also acted wrongfully on the occasion at issue”); Quinn, 490 S.E.2d at 46 (Maynard, J., dissenting) (stating that he would disallow cross-examination of all prior false allegations becau…
discussed Cited "see" Roger Boggs v. Terry Collins, Warden (2×)
6th Cir. · 2000 · signal: see · confidence high
See id. at 35-36 .
cited Cited "see" United States v. Leonard Lloyd (92-2106) Shawn Huffman (92-2108) Darryl Little (92-2146) and Mario Taylor (92-2175)
6th Cir. · 1993 · signal: see · confidence high
See United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986); see also Fed.R.Crim.P. 51.
discussed Cited "see" United States v. James C. Carr (92-3767) and Carmen C. Clair (92-3768)
6th Cir. · 1993 · signal: see · confidence high
See United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.) (quoting United States v. McDowell Contractors, Inc., 668 F.2d 256 (6th Cir.1982)), ce rt. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
discussed Cited "see" United States v. Charles v. Ushery (91-5716) and Benjamin R. Burton (91-5715) (2×)
6th Cir. · 1992 · signal: see · confidence high
See United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986).
cited Cited "see" White v. State
Md. · 1991 · signal: see · confidence high
See United States v. Cardinal, 782 F.2d 34, 36 (6th Cir.1986), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
discussed Cited "see" United States v. Willie Joseph Causey, Jr. (2×)
6th Cir. · 1988 · signal: see · confidence high
See United States v. Cardinal, 782 F.2d 34, 36-37 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986).
discussed Cited "see, e.g." United States v. Frederick
D.S.D. · 2011 · signal: see also · confidence medium
See United States v. Tail, 459 F.3d 854, 860-61 (8th Cir.2006) (exclusion of evidence of victim’s allegedly false prior allegations of sexual abuse because of the minimal probative value of the evidence did not violate Confrontation Clause): United States v. Withorn, 204 F.3d 790, 795 (8th Cir.2000) (‘'[I]mpeaching the victim’s truthfulness and showing her capacity to fabricate a story 'are not recognized exceptions to Rule 412.' ”) (quoting United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir. 1996)): see also United States v. Cardinal, 782 F.2d 34, 36 (6th Cir. 1986) (finding …
discussed Cited "see, e.g." United States of America, Cross-Appellant v. Stephen Allen Wallace, A/K/A Steve Allen Bishop and Glenn Franklin Dean, Jr., Cross-Appellees
6th Cir. · 1992 · signal: see, e.g. · confidence medium
See, e.g., United States v. Cardinal, 782 F.2d 34, 37 (6th Cir.), cert. denied, 476 U.S. 1161 , 106 S.Ct. 2282 (1986) (hearsay information may be considered at a sentencing hearing). 25 Applying this law to the facts of this case, we find that the district court did not abuse its discretion by refusing to allow Dr. Amble to examine the victim.
discussed Cited "see, e.g." United States v. Calvin Leroy Brooks, and Harold Hunter
6th Cir. · 1990 · signal: see also · confidence low
Appellant Hunter asserts this Fifth Amendment claim on appeal despite the fact that he did not object to this line of questioning at trial. 37 It is well-settled that failure to raise an objection precludes appellate review, unless the admission of the objectionable material constituted "plain error." U.S. v. Young, 470 U.S. 1 (1985); see also U.S. v. Cardinal, 782 F.2d 34 (6th Cir.), cert. denied, 476 U.S. 1161 (1986).
discussed Cited "see, e.g." Phillips v. State
Ala. Crim. App. · 1989 · signal: compare · confidence low
Compare, e.g., United States v. Cardinal , 782 F.2d 34 (6th Cir. 1986), cert. denied, Cardinal v. United States , 476 U.S. 1161 , 106 S.Ct. 2282 , 90 L.Ed.2d 724 (1986) (trial court did not err in excluding, under federal rape-shield statute, fact of the victim's having made and then withdrawn other charges of sexual assault) with People v. Hurlburt , 166 Cal.App.2d 334 , 333 P.2d 82 (1958) (trial court erred in refusing to admit evidence that prosecutrix had made similar false charges against others).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Lawrence C. CARDINAL, Defendant-Appellant
85-1333.
Court of Appeals for the Sixth Circuit.
Jan 8, 1986.
782 F.2d 34
1986 U.S. App. LEXIS 21692
Paul A. Peterson (argued), Ishpeming, Mich., for defendant-appellant., Donald Daniels, Asst. U.S. Atty. (argued), Grand Rapids, Mich., for plaintiff-appellee.
Martin, Contie, Celebrezze.
Cited by 48 opinions  |  Published
BOYCE F. MARTIN, Jr., Circuit Judge.

Lawrence C. Cardinal appeals his conviction for rape on an Indian reservation, in violation of 18 U.S.C. § 2031. After a jury trial, Cardinal was sentenced to thirty years’ imprisonment and charged a $50 fine. 18 U.S.C. § 3013(a)(2)(A). Because the alleged rape occurred on an Indian reservation and both the accused and the complainant are American Indians, exclusive federal jurisdiction was invoked under the Major Crimes Act. 18 U.S.C. § 1153.

The only fact in dispute is the occurrence of the rape itself. Lawrence Cardinal is a forty-eight-year-old American Indian. He is an uncle by marriage to Tammy Empen, the thirteen-year-old complainant. Empen lives in a foster home in Iron Mountain, Michigan, but frequently visits her mother, who resides on the Keweenaw Bay Indian Reservation. Empen testified that during one visit, on November 24, 1984, she walked with Cardinal to an abandoned shack on the reservation. She testified that while in the shack, he forced her onto a bed and raped her. Cardinal admits taking a walk with Empen that afternoon, but denies entering the cabin or committing the rape. A doctor who examined Empen later that night found evidence of spermatozoa[*36] and/or seminal fluid but could not testify to a time the intercourse might have occurred.

Empen has reported other instances of sexual assault by family members. Cardinal contends that the trial court committed reversible error by refusing to admit evidence of these prior charges and their subsequent withdrawal. The government argues that Empen’s charges, made against Empen’s stepfather and Cardinal, were true and were withdrawn because of fear of retaliation from Empen’s mother. The trial court held this evidence inadmissible under Rule 412, Fed.R.Evid., the federal “rape-shield” rule. Rule 412 limits the admissibility of evidence of a rape victim’s past sexual behavior to three situations: when constitutionally required, when relevant and more probative than prejudicial on the source of semen or injury, and when relevant and more probative than prejudicial on the issue of consent. Rule 412(b)(1), (b)(2)(A) and (B), Fed.R.Evid.

Cardinal argues that evidence of these prior charges should not have been excluded under Rule 412, as the issue was one of credibility and not prior sexual conduct. He contends that the evidence is admissible to assess the credibility of the complainant, and should have been admitted in cross examination under Rule 607 and 608(b), Fed.R.Evid.

Even accepting Cardinal’s argument as excusing compliance with the procedural requirements of the rule, Rule 412(c)(1), Fed.R.Evid., his contention ignores the basic policy of Rule 412. Its “principal purpose ... is to protect rape victims from the degrading and embarrassing disclosure of intimate details about their private lives.” 124 Cong.Rec.H. 11944 (daily ed. Oct. 10, 1978) (statement of Rep. Mann). The lower court applied this policy to the facts of the instant case, stating

I don’t see how you can separate evidence of a victim’s past sexual behavior from the fact that she had made an allegation of rape and then withdrawn it. I think they are interwoven. This is a thirteen-year-old young lady [and under] the spirit of Rule 412, it seems to me that it’s just this type of allegation that this young woman should be protected from.

The district judge thus demonstrated a sensitivity to the policy supporting the rape-shield rule. See United States v. One Feather, 702 F.2d 736, 739 (8th Cir.1983). Cardinal’s citation to United States v. Nez, 661 F.2d 1203 (10th Cir.1981) is not persuasive. Nez held only that the defense counsel’s failure to establish a proper purpose for the cross examination in the trial court precluded appellate review of the district court’s exclusion of the evidence. Id. at 1206. This case offers no reason to curtail the trial court’s wide discretion in evidentiary matters.

Cardinal argues next that the jury instructions, as given by the trial court, constituted reversible error. The court instructed the jury that if they unanimously found the defendant not guilty of rape, they must proceed to consider the lesser offense of carnal knowledge of a female under 16 years of age, 18 U.S.C. § 2032. Cardinal contends that the proper instruction would require the jury to consider the lesser included offense if, after consideration of the crime charged in the indictment, they have “some reasonable doubt” as to guilt of the greater offense. Fuller v. United States, 407 F.2d 1199, 1227 (D.C.Cir.1967), cert. denied, 393 U.S. 1120, 89 S.Ct. 999, 22 L.Ed.2d 125 (1969).

This issue is not properly before the Court. At trial, Cardinal objected to the issuance of the lesser included offense instruction but not to the manner in which it was given. It is undisputed that defense counsel did not raise a contemporaneous objection to the method of consideration described in the instructions. Under Steagald v. United States, 451 U.S. 204, 211,101 S.Ct. 1642, 1647, 68 L.Ed.2d 38 (1981) and Rule 51, Fed.R.Crim.Proc., failure to raise an objection at trial prevents its consideration on appeal. United States v. Hamilton, 689 F.2d 1262, 1275 (6th Cir.l982); cert. denied, 459 U.S. 1117, 103 S.Ct. 753, 74 L.Ed.2d 971 (1983). As we stated in[*37] United States v. McDowell Contractors, Inc., 668 F.2d 256, 257 (6th Cir.1982): “It is this Court’s inveterate rule not to reverse on grounds not raised in the district court.”

Clearly the jury instructions given in this case do not constitute a “plain error or defect affecting substantial rights,” which may be raised for the first time on appeal under Rule 52(b), Fed.R.Crim.Proc. The language of the instruction was taken from the standard federal instruction on consideration of lesser included offenses. 2 E. Devitt & C. Blackmar, Federal Jury Practice & Instructions, § 18.05 (3d ed. 1977).

Unlike United States v. Jackson, 726 F.2d 1466, 1469-70 (9th Cir.1984), the defendant in this case did not request an alternate charge. The Jackson court stated that “either formulation may be employed if the defendant expresses no choice.” Id. at 1469. The only error in that case was the court’s rejection of the defendant’s timely request for an alternate charge; the case therefore lends no support to Cardinal’s argument. Another circuit has held that even the rejection of such a request does not rise to an error of constitutional magnitude. Catches v. United States, 582 F.2d 453, 459 (8th Cir.1978). See also United States v. Moccia, 681 F.2d 61, 64 (1st Cir.1982); O’Clair v. United States, 470 F.2d 1199, 1204 (1st Cir.1972), cert. denied, 412 U.S. 921, 93 S.Ct. 2741, 37 L.Ed.2d 148 (1973).

Cardinal also attacks his sentence, arguing that the trial court may have relied on hearsay statements, prior acquittals, and improper parole guidelines in imposing sentence. These arguments are without merit.

Hearsay information may be included in a presentence report, 18 U.S.C. § 3577, and may be considered at a sentencing hearing. Williams v. Oklahoma, 358 U.S. 576, 79 S.Ct. 421, 3 L.Ed.2d 516 (1959); Rule 1101(d)(3), Fed.R.Evid. Study of the record reveals no indication that the trial judge improperly relied on hearsay evidence in imposing sentence; Cardinal’s argument is precariously based on the trial judge’s failure to state he was not considering it.

Cardinal’s contention that the trial court improperly considered his prior acquittals, particularly in two sexual assault charges, is also without merit. The trial court in fact indicated his approach to non-convictions, to which defense counsel agreed. Cardinal’s argument here is centered around the judge’s reference at the sentencing hearing to Cardinal’s “very bad record,” and his statement that this conviction brought “those prior charges into focus a little more.” An objective reading of the transcript indicates a great effort on the part of the trial judge to fairly assess defendant’s record. In sum, “the trial court did not err in referring to information in the presentence report concerning the .circumstances surrounding a prior acquittal.” United States v. Plisek, 657 F.2d 920, 927 (7th Cir.1981).

The trial judge was not misled by the proposed parole guideline form. Cardinal argues that a parole guideline form attached to the presentence report understated the number of points on his record. As a result, Cardinal contends that the projected date of his parole was too early, which led the judge to impose a harsher sentence than he otherwise might have done. Although a novel argument, there is no indication that the trial judge relied on these guidelines in imposing sentence. Even assuming the calculations are incorrect, they are only for informational purposes and in any event may be challenged through the proper administrative channels.

Finally, we hold that there was sufficient evidence in this case to support the conviction. Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942). See United States v. Kennedy, 714 F.2d 968, 973 (9th Cir.1983), cert. denied, 465 U.S. 1034, 104 S.Ct. 1305, 79 L.Ed.2d 704; United States v. Terry, 362 F.2d 914, 916 (6th Cir.1966), cert. denied, 385 U.S. 1029, 87 S.Ct. 758, 17 L.Ed.2d 676 (1967). See also Brown v. Davis, 752 F.2d 1142, 1144-47 (6th Cir.1985).

[*38] The judgment of the district court is affirmed.