United States v. Williams

MERRITT, Circuit Judge.

In this sentencing appeal in which the district court departed downward without notifying the parties prior to the sentencing hearing and the imposition of the sentence, the question is whether Rule 32(h) of the Federal Rules of Criminal Procedure, codifying Burns v. United States, 501 U.S. 129, 111 S.Ct. 2182, 115 L.Ed.2d 123 (1991), requires that we remand the case to the district court for resentencing in light of the district court’s failure to comply with its terms. We conclude that we are required to remand to the district court for reconsideration of the downward…