Whether the sentencing court's failure to disclose the 'Confidential Recommendation' of the Probation Officer regarding the Petitioner's sentence violated the Petitioner's due-process rights under the Fifth Amendment

QUESTION PRESENTED The sentencing court failed to disclose the “Confidential Recommendation” of the Probation Officer in regards to the sentencing of the Petitioner. The failure to disclose is a violation of the Petitioner’s Due Process rights under the Fifth Amendment to the United States Constitution and contra to this court decision in Gardner v. Florida 430 U.S. 341, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977). i. TABLE OF CONTENT PAGE Question Presented i