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U.S. v. Gilmore, No. 05-6195-cr (2nd Cir.) (471 F.3d 64) (December 8, 2006) (Per Curiam)

Rule 32(h) of the Fed.R.Crim.P. states: “Before the court may depart from the applicable sentencing range on a ground not identified for departure either in the presentence report or in a party's prehearing submission, the court must give the parties reasonable notice that it is contemplating such a departure. The ...

 

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