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A split decision (and a victory, of sorts) in SCOTUS Irizarry decision

By Douglas A. Berman

Though the rest of the legal world will be focused on the dentainee decisions from the Supreme Court today, I have different case and a much shorter opinion to obsess about (while watching golf).  As detailed by the SCOTUSblog live blogging:The Court has released the opinion in Irizarry v. United States (06-7517), on whether a district court must provide a criminal defendant notice of the contemplated grounds for a sentence above the range recommended by the sentencing guidelines.  The ruling below, which found for the government, is affirmed. Justice Stevens wrote the opinion.  Justice  Breyer dissented, joined by Justices Kennedy, Souter, and Ginsburg. The full decision (which runs only 18 total pages, including the syllabus) is now available here...continue to full post

Full post as published by Sentencing Law and Policy on June 12, 2008 (boomark / email).