Booker's Unnoticed Victim: The Importance of Providing Notice Prior to Sua Sponte Non-Guidelines Sentences
30 Pages Posted: 3 Jan 2007 Last revised: 22 Jun 2018
This paper 1) notices that Booker uprooted the statutory basis for the departure concept, suggesting that courts are at liberty to deviate from precedent rooted in the pre-Booker concept; 2) explains why Rule 32(i)(1)(C) as read by Burns v United States requires notice prior to sua sponte non-Guidelines sentences in those jurisdictions that require a distinct legal determination if a non-Guidelines sentence is warranted; and 3) discusses why such notice would be beneficial in other jurisdictions.
Keywords: Burns, Booker, departures, variances, plea bargains, sentencing, Erie, circuit split, 18 USC 3553(b)(1), Mateo, Anati, Vampire Nation, Davenport, Walker, Johnson, Laufle, Sentencing Guidelines, scrutiny
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