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U.S. v. Vampire Nation (a/k/a Frederic H. Banks), No. 05-1715 (3rd Cir.) (451 F.3d 189) (June 20, 2006) (Judge Franklin S. Van Antwerpen)

Joining with the First, Seventh, Eighth and Eleventh Circuits (and disagreeing with decisions from the Fourth, Seventh and Ninth Circuits), the Third Circuit held that sentencing courts do not have to give defendants notice, pursuant to Fed.R.Crim.P. 32(h), of proposed "variances" from the advisory Guidelines range.

 

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