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First Circuit weighs in on Rule 32(h) issue soon to be addressed by SCOTUS

By Douglas A. Berman

As noted just earlier today, the Supreme Court will soon hear argument in Irizarry (basics here and here), a case which will force the Justice to explore "departures" and "variances" in the context of Rule 32(h)'s application after Booker.  Perhaps just to give us all some exciting pre-game reading, the First Circuit today issued an en banc opinion on this issue in US v. Vega-Santiago, No. 06-1558 (1st Cir. Feb. 21, 2008) (available here).  Here is a opening paragraph from the majority opinion:The question before us is whether a district court, before sua sponte imposing a sentence outside the recommended guideline range, must automatically provide advance notice to the parties of its intent to do so and its contemplated reasoning...continue to full post

Full post as published by Sentencing Law and Policy on February 21, 2008 (boomark / email).