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Irizarry v. United States

Docket No.: 06-7517
Certiorari Granted: 1/4/2008
Argued: April 15, 2008
Decided: June 12, 2008

Topics:

Federal Rules of Criminal Procedure (or relevant rules of a circuit court), Due Process, Federal Rules of Criminal Procedure, Federal Sentencing Guidelines, Sixth Amendment, abuse of discretion, harmless error, sentencing guidelines

PartyNames: Richard Irizarry v. United States
Petitioner: Richard Irizarry
Respondent: United States

Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: 458 F3d 1208
Supreme Court Docket

Richard Irizarry
v.
United States
553 U.S. 708 (2008)
Question Presented:

Whether Federal Rule of Criminal Procedure 32(h), and the holding in Burns v. United States, 501 U.S. 129 (1991) requiring a court to provide reasonable notice to the parties that it is contemplating a departure from the applicable sentencing guideline range on a ground not identified for departure either in the presentence report or in a party's prehearing submission, has any continuing application in light of United States v. Booker, 543 U.S. 220 (2005).

Question:

Is a judge required to give both parties advance notice before imposing a criminal sentence that departs from the Federal Sentencing Guidelines?

Note:

EXPEDITED BRIEFING SCHEDULE

Irizarry v. United States
ORAL ARGUMENT

April 15, 2008

Holding: below filed
Decision: Decision: 5 votes for United States, 4 vote(s) against
Vote: 9-0
Opinion By:
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