Legal Opinion
United States v. Fernando Luis Cardenas
Court of Appeals for the Second Circuit
Decided October 1, 1990No. Docket 89-1497PublishedCited by 36 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
On this appeal from a cocaine conspiracy sentence one of the issues raised is the failure of the district court to advise defense counsel prior to the date set for sentencing of its intent to upwardly depart from the sentencing guidelines. Because punishment, like medicine, is something a person likes to know about before it is administered, notice and a meaningful opportunity to be heard at sentencing are significant rights. At the time sentence was imposed our decisions had made manifest the value of prior notice of an intent to depart upwardly or downwardly from…
2Cases cited14 opinions
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- Bifulco v. United StatesSupreme Court of the United States · 1980
- United States v. Rogelio Lara, Carlos Morales, Francisco Delgado, Carlos MoralesCourt of Appeals for the Second Circuit · 1990
- United States v. Humberto CervantesCourt of Appeals for the Second Circuit · 1989
- United States v. Frederick Charles Latham, Jr.Court of Appeals for the First Circuit · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Lankford v. IdahoSupreme Court of the United States · 1991
- United States v. Cynthia JohnsonCourt of Appeals for the Second Circuit · 1992
- United States v. MillerCourt of Appeals for the Second Circuit · 1997
- United States v. Rafael Pimentel, Amabledeyes Dejesus, Julio Dejesus, Juan Dejesus, Amabledeyes Dejesus, Julio Dejesus, Juan DejesusCourt of Appeals for the Second Circuit · 1991
- United States v. Didier Alba John Gonzalez Marizol Vasquez, John GonzalezCourt of Appeals for the Second Circuit · 1991
31 more not listed; retrieve them via the Exa API.