Because a violation of Rule 32 is not a constitutional claim nor a jurisdictional claim the Court must determine whether this alleged violation constitutes "a fundamental defect which inherently results in a complete miscarriage of justice, or an omission inconsistent with the rudimentary demands of fair procedure." The government urges the Court to adopt the position of the District Court for the Eastern District of Missouri as explained in Orta v. United States, 719 F. Supp. 866, 868-69 (E.D.Mo. 1989). In Orta, petitioner alleged that the district judge failed to comply with Rule 32(a)(1)(A) when sentencing and that said noncompliance violated her right to be sentenced on the basis of accurate information.