Legal Opinion
UNITED STATES of America, Plaintiff-Appellant, v. Charles Kevin GREEN, Defendant-Appellee
Court of Appeals for the Ninth Circuit
Decided January 30, 1997No. 96-50127PublishedCited by 41 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge:
We consider here an issue of first impression in this Circuit: whether the government, as we have previously held with respect to defendants, is entitled to reasonable notice of a sentencing court’s intention to make a departure (here, a sizeable one) on a ground not identified in the presentenee report (“PSR”). We conclude the government, for many of the salutary reasons applicable to defendants in the reverse situation, is entitled to notice. For the failure to provide that notice, as well as other errors in connection with this sentencing, we vacate…
2Cases cited14 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Burns v. United StatesSupreme Court of the United States · 1991
- 96 Cal. Daily Op. Serv. 4598, 96 Daily Journal D.A.R. 7402 United States of America v. Prakash Man Shrestha, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1996
- United States v. Hiroyasu Takai Akiko MagnesonCourt of Appeals for the Ninth Circuit · 1991
- United States v. Jailal JagmohanCourt of Appeals for the Second Circuit · 1990
9 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- United States v. Maurillo Rojas-MillanCourt of Appeals for the Ninth Circuit · 2000
- United States of America, Plaintiff-Appellant-Cross-Appellee v. Brenda Lee Working, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 2000
- United States v. Dorothy MenyweatherCourt of Appeals for the Ninth Circuit · 2006
- United States v. Juan Jose LopezCourt of Appeals for the Ninth Circuit · 2001
- United States v. Dorothy MenyweatherCourt of Appeals for the Ninth Circuit · 2005
36 more not listed; retrieve them via the Exa API.