U.S. v. Moran, No. 08-16987 (11th Cir.) (573 F.3d 1132) (July 1, 2009) (Judge William H. Jr. Pryor)
In Irizarry v. U.S., 128 S. Ct. 2198 (2008) a sharply divided Supreme Court held, by a 5-4 vote, that Rule 32(h) of the Fed.R.Crim.P. does not require advance notice to a defendant when the district court is contemplating imposing a variance (as opposed to a departure) from the Guidelines ...
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