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U.S. v. Cole, No. 06-0226-cr (2nd Cir.) (496 F.3d 188) (August 9, 2007) (Judge Peter W. Hall)

In this case, the district court sua sponte imposed an above-Guidelines sentence, departing 12 months above the highest end of the Guidelines range that it found applicable. As Cole correctly notes, a district court must provide reasonable prehearing notice of its intent to consider a sentence above the Guidelines range. ...

 

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