United States v. Richard Irizzary
Court of Appeals for the Eleventh Circuit
1Per curiam
Defendant Richard Irizarry plead guilty to making a threatening interstate communication to his ex-wife in violation of 18 U.S.C. section 875(c). The district court issued a sentence nine months longer than the advisory guidelines range because of the likelihood Defendant would continue to threaten his wife. Defendant appeals this sentence, arguing that the district court violated Rule 32(h) of the Federal Rules of Criminal Procedure by not giving advance notice that it was considering a ground for departure not identified in the presentence report or a prehearing government submission. The…
2Cases cited11 opinions
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3Cited by48 opinions
- Irizarry v. United StatesSupreme Court of the United States · 2008
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- United States v. PolitanoCourt of Appeals for the First Circuit · 2008
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