United States v. Jeffrey Allan Fischer, 821 F.2d 557 (11th Cir. 1987). · Go Syfert
United States v. Jeffrey Allan Fischer, 821 F.2d 557 (11th Cir. 1987). Cases Citing This Book View Copy Cite
41 citation events (12 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Robert Kenneth Decker (ca11, 2025-05-21)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 21 distinct citers.
cited Cited as authority (rule) United States v. Robert Kenneth Decker
11th Cir. · 2025 · confidence medium
United States v. Fischer, 821 F.2d 557, 558 (11th Cir. 1987).
discussed Cited as authority (rule) United States v. Reginald Eugene Grimes, Sr. (2×) also: Cited "see"
11th Cir. · 2020 · confidence medium
United States v. Fischer, 821 F.2d 557, 558 (11th Cir. 1987).
cited Cited as authority (rule) United States v. Stanley McCray
11th Cir. · 2014 · confidence medium
Fed.R.Crim.P. 32; United States v. Fischer, 821 F.2d 557, 558 (11th Cir.1987).
cited Cited as authority (rule) Government of the Virgin Islands v. Charles
visuper · 2005 · confidence medium
United States v. Peltier, 312 F.3d 938, 941 (8th Cir. 2002); United States v. Fischer, 821 F.2d 557, 559 (11th Cir. 1987).
cited Cited as authority (rule) United States v. McQueen
6th Cir. · 2003 · confidence medium
United States v. Sarduy, 838 F.2d 157, 158 (6th Cir.1988); United States v. Fischer, 821 F.2d 557, 558 (11th Cir.1987).
discussed Cited as authority (rule) United States v. Cooks
D.D.C. · 1996 · confidence medium
“Federal courts have long recognized that they have an obligation to look behind the label of a motion filed by a pro se inmate and determine whether the motion is, in effect, cognizable under a different remedial statutory framework.” United States v. Jordan, 915 F.2d 622, 625 (11th Cir.1990) (treating defendant’s Rule 35(a) motion as cognizable under 28 U.S.C. § 2255 ); United States v. Fischer, 821 F.2d 557, 558 (11th Cir.1987) (ruling that both § 2255 and Rule 35 may provide jurisdictional base for challenging sentence).
discussed Cited as authority (rule) United States v. Scott A. Warner
10th Cir. · 1994 · confidence medium
We therefore conclude that Rule 32(c)(3)(D), standing alone, cannot provide a district court with jurisdiction to hear challenges to a presentence report once sentence has been imposed. 2 See id.; United States v. Catabran, 884 F.2d 1288, 1289 (9th Cir.1989); United States v. Giaimo, 880 F.2d 1561, 1563 (2d Cir.1989); United States v. Sarduy, 838 F.2d 157, 158 (6th Cir.1988); United States v. Fischer, 821 F.2d 557, 558 (11th Cir.1987).
discussed Cited as authority (rule) United States v. Michael Huwaldt
7th Cir. · 1993 · confidence medium
See, e.g., United States v. Engs, 884 F.2d 894, 895 (5th Cir.1989); United States v. Giaimo, 880 F.2d 1561, 1563 (2d Cir.1989); United States v. Sarduy, 838 F.2d 157, 158 (6th Cir.1988); United States v. Fischer, 821 F.2d 557, 558 (11th Cir.1987); United States v. Williams, 618 F.Supp. 1419, 1420 (E.D.Va.1985), aff'd, 785 F.2d 306 (4th Cir.1986).
discussed Cited as authority (rule) United States v. Vincent MacPherson
1st Cir. · 1992 · confidence medium
Rule 32, "standing alone, does not provide the district court with jurisdiction to hear a motion making a post-judgment collateral attack on one's sentence for a Rule 32 violation." United States v. Fischer, 821 F.2d 557, 558 (11th Cir. 1987) (per curiam).
cited Cited as authority (rule) United States v. Clay Ellis Holbrook, Sr.
6th Cir. · 1990 · confidence medium
See United States v. Sarduy, 838 F.2d 157, 158 (6th Cir.1988); United States v. Fischer, 821 F.2d 557, 558 (11th Cir.1987) (per curiam).
cited Cited as authority (rule) United States v. Edward Lennar Brown
6th Cir. · 1989 · confidence medium
United States v. Sanduy, 838 F.2d 157, 158 (6th Cir.1988), citing United States v. Fischer, 821 F.2d 557, 558 (11th Cir.1987).
discussed Cited as authority (rule) United States v. Joseph Giaimo, Martino
2d Cir. · 1989 · confidence medium
See United States v. Williams, 618 F.Supp. 1419, 1420 (E.D.Va.1985), affd, 785 F.2d 306 (4th Cir.1986); United States v. Burkhead, 567 F.Supp. 1425, 1427-28 (W.D.Mo.1983); see also United States v. Sarduy, 838 F.2d 157, 158 (6th Cir.1988) (Rule 32 does not provide jurisdiction for collateral attack of sentence); United States v. Fischer, 821 F.2d 557, 558 (11th Cir.1987) (per curiam) (same).
cited Cited as authority (rule) United States v. Ken Gattas
10th Cir. · 1988 · confidence medium
See United States v. Sarduy, 838 F.2d 157, 158 (6th Cir.1988); United States v. Fischer, 821 F.2d 557, 558-9 (11th Cir.1987); Poor Thunder v. United States, 810 F.2d 817, 821-23 (8th Cir.1987).
cited Cited as authority (rule) United States v. Robert W. Bradford
6th Cir. · 1988 · confidence medium
See United States v. Sarduy, 838 F.2d 157, 158 (6th Cir.1988); United States v. Fischer, 821 F.2d 557, 558 (11th Cir.1987) (per curiam).
cited Cited as authority (rule) United States v. George Vincent Peloso, Jr.
11th Cir. · 1987 · confidence medium
Fischer , at 559.
discussed Cited "see" United States v. James Phillips, III (2×)
11th Cir. · 2025 · signal: see · confidence high
See United States v. Fischer, 821 F.2d 557, 558 (11th Cir. 1987); United States v. Peloso, 824 F.2d 914, 915 (11th Cir. 1987).
cited Cited "see" Gonzalez v. United States
D. Mass. · 2001 · signal: see · confidence high
See 821 F.2d 557, 559 (11th Cir.1987).
discussed Cited "see" United States v. Stephen Larned Engs
5th Cir. · 1989 · signal: see · confidence high
See United States v. Fischer, 821 F.2d 557 (11th Cir.1987); United States v. Williams, 618 F.Supp. 1419 (E.D.Va. 1985), aff'd, 785 F.2d 306 (4th Cir.1986); United States v. Sheela, 667 F.Supp. 724 (D.Or.1987); United States v. Burkhead, 567 F.Supp. 1425 (W.D.Mo.1983).
cited Cited "see" United States v. Gary Charles Smith
4th Cir. · 1989 · signal: see · confidence high
See United States v. Fischer, 821 F.2d 557 (11th Cir.1987).
discussed Cited "see" United States v. Keith A. Campbell
4th Cir. · 1989 · signal: see · confidence high
See United States v. Fischer, 821 F.2d 557 (11th Cir.1987); United States v. Ursillo, 786 F.2d 66 (2d Cir.1986); United States v. Williams, 618 F.Supp. 1419 (E.D.Va.1985), aff'd, 785 F.2d 306 (4th Cir.1986).
discussed Cited "see, e.g." United States v. Brumley
10th Cir. · 2018 · signal: compare · confidence low
Compare United States v. Yakle, 463 F.3d 810, 811 (8th Cir. 2006) (“a violation of the rule” requiring district court to attach findings of fact to a PSR “is cognizable in a petition for relief under 28 U.S.C. § 2255”), and United States v. Angiulo, 57 F.3d 38 , 42 n.6 (1st Cir. 1995) (stating “[i]t is often assumed that inaccuracies in a PSI Report may form the basis for a petition under 28 U.S.C. § 2255 ,” but “tak[ing] no view of the appropriateness vel non of any such potential remedies”), and United States v. Mosquera, 845 F.2d 1122 , 1123 n.1 (1st Cir. 1988) (“Section…
UNITED STATES of America, Plaintiff-Appellee,
v.
Jeffrey Allan FISCHER, Defendant-Appellant
86-3150.
Court of Appeals for the Eleventh Circuit.
Jul 14, 1987.
821 F.2d 557
Judy S. Hoyer, Asst. U.S. Atty., Roberta M. Klosiewicz, Tampa, Fla., for plaintiff-appellee.
Roney, Hill, Kravitch.
Cited by 30 opinions  |  Published
PER CURIAM:

Jeffrey Allan Fischer, a federal prisoner serving two concurrent four-year sentences, filed two pro se motions in the district court purportedly brought under Fed.R.Crim.P. 32. Fischer sought resentencing and correction of alleged erroneous information in his presentence investigation (PSI) report. The district court denied both motions and Fischer appealed. We remand the case to the district court with instructions to dismiss for lack of jurisdiction.

Fischer pled guilty to three counts of wire fraud, 18 U.S.C.A. § 1343, and received sentences totaling four years of imprisonment, plus five years of probation. Approximately ten months after sentencing, Fischer filed his motions asserting a Fed.R.Crim.P. 32 violation. Specifically, Fischer alleged that the PSI report contained a victim impact statement from E.F. Hutton, Fischer’s former employer, which included significant misstatements of fact and that the PSI report improperly contained references to amounts of money he fraudulently acquired that exceeded the amounts for the offenses to which he had plead guilty. The motion claimed that the sentencing judge failed to follow the mandates of Fed.R.Crim.P. 32(c)(3) when he considered the report at sentencing.

Rule 32 provides the procedures for sentencing and for the making of a presentence report, and outlines the matters that must be considered by a district court in fixing a criminal sentence. This Court has never addressed the question of whether a district court has jurisdiction to grant relief on a motion brought solely pursuant to Fed.R.Crim.P. 32 as an attack on one’s sentence after sentence has been imposed.

One court has held that Fed.R.Crim.P. 32 does not provide any jurisdiction for a district court to hear such a motion. United States v. Burkhead, 567 F.Supp. 1425, 1427 (W.D.Mo.1983) (“Rule 32(c) does not vest this Court with jurisdiction to grant the relief sought by [defendant’s motion to correct his PSI report]”). Other courts appear to agree. See, e.g. United States v. Ursillo, 786 F.2d 66 (2d Cir.1986) (“We have found no reported case in which a court held that Rule 32 standing alone furnished the jurisdictional basis for a belated post-sentencing attack on the accuracy of a presentence report.”); United States v. Williams, 618 F.Supp. 1419, 1420 (E.D.Va. 1985) (court did not believe that Rule 32(c)(3)(D) provided a post-sentencing vehicle to correct a PSI report), aff'd, 785 F.2d 306 (4th Cir.1986). Cf. United States v. Leath, 711 F.2d 119 (8th Cir.1983).

We hold that Fed.R.Crim.P. 32, standing alone, does not provide the district court with jurisdiction to hear a motion making a post-judgment collateral attack on one’s sentence for a Rule 32 violation.

Fed.R.Crim.P. 35 provides the jurisdictional base for correction or reduction of a sentence. After a sentence has been imposed, however, Rule 35 motions would have to have been brought within 120 days. Fed.R.Crim.P. 35(b). Cf. United States v. Delutro, 617 F.2d 316 (2d Cir.1980) (an illegal sentence, correctable at any time, is one in excess of statutory máximums or otherwise contrary to an applicable statute). Fischer’s motion, filed 10 months after sentence, cannot be treated as a Rule 35 motion. 28 U.S.C.A. § 2255 may pro[*559] vide jurisdiction for a collateral attack on Fischer’s sentence. Indeed, the Government argues the case on appeal as if this was a § 2255 proceeding. Fischer insists, however, that he is proceeding under Fed.R.Crim.P. 32, and has not presented arguments that might be relevant to a § 2255 proceeding. It would, therefore, seem inappropriate to treat this appeal as one from a denial of § 2255 relief.

Accordingly, the case is remanded to the district court to dismiss for lack of jurisdiction, or permit Fischer to amend to assert a § 2255, as may be deemed appropriate.

REMANDED with instructions.