Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Federal Rule of Criminal Procedure 32(h) says: '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 Rule was added to 'reflect' the decision in Burns v. United States, 501 U. S. 129 (1991). See Advisory Committee's Notes on Fed. Rule Crim. Proc. 32, 18 U. S. C. App., p. 1141 (2000 ed., Supp. II). (2002 Amendments). In Burns, the Court focused upon 'the extraordinary case in which the district court, on its own initiative and contrary to the expectations both the defendant and the Government, decides that the factual and legal predicates for a departure are satisfied.' 501 U. S., at 135. The Court held that 'before a district court can depart upward on a ground not identified as a ground for upward departure either in the presentence report or in a prehearing submission by the Government . . . the district court [must] give the parties reasonable notice that it is contemplating such a ruling.' Id., at 138.

...

Register or login to access full content



Professors
Professionals
Students