Legal Opinion
Irizarry v. United States
Supreme Court of the United States
Decided June 12, 2008No. 06-7517PublishedCited by 413 opinions
1Opinion of the CourtJustice Stevens
Rule 32(h) of the Federal Rules of Criminal Procedure, promulgated in response to our decision in Burns v. United States, 501 U. S. 129 (1991), states that “[b]efore the court may depart from the applicable sentencing range on a ground not identified for departure either in the presentence report or in a party’s prehearing submission, the court must give the parties reasonable notice that it is contemplating *710such a departure.” The question presented by this case is whether that Rule applies to every sentence that is a variance from the recommended Federal Sentencing Guidelines range even…
2Cases cited15 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- Burns v. United StatesSupreme Court of the United States · 1991
- United States v. Vampire Nation A/K/A Fredrik Von Hamilton A/K/A Frederick Hamilton Banks, Frederick H. BanksCourt of Appeals for the Third Circuit · 2006
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3Cited by413 opinions
- United States v. CaveraCourt of Appeals for the Second Circuit · 2008
- Peugh v. United StatesSupreme Court of the United States · 2013
- Pepper v. United StatesSupreme Court of the United States · 2011
- Beckles v. United StatesSupreme Court of the United States · 2017
- United States v. Ofray-CamposCourt of Appeals for the First Circuit · 2008
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