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

Abstract

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

Suggested Citation

Beylin, Ilya, Booker's Unnoticed Victim: The Importance of Providing Notice Prior to Sua Sponte Non-Guidelines Sentences. University of Chicago Law Review, Vol. 74, No. 3, 2007, Available at SSRN: https://ssrn.com/abstract=940954 or http://dx.doi.org/10.2139/ssrn.940954

Ilya Beylin (Contact Author)

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102
United States

HOME PAGE: http://https://law.shu.edu/faculty/full-time/ilya-beylin.cfm

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