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Notice and GITMO

By Melody Evans and Kirk Redmond

Bad news: our clients are not entitled to notice that the sentencing court intends to exceed the guideline range. US v. Irizarry was issued by the USSCT today, and held that, "Any constitutionally protected expectation that a defendant will receive a sentence within the presumptively applicable Guidelines range did not, however, survive United States v. Booker, 543 U. S. 220, which invalidated the Guidelines? mandatory features." Rule 32, the basis for the required notice under the mandatory guidelines, does not have the same effect on the advisory guidelines. Look out, Wichita.Of little consolation is this admonition, "Sound practice dictates that judges in all cases should make sure that the information provided to the parties in advance of the hearing, and in the hearing itself, has given them an adequate opportunity to confront and debate the relevant issues...continue to full post

Full post as published by Kansas Federal Defender on June 12, 2008 (boomark / email).