April 18, 2006
Another important notice opinion from the Tenth Circuit
As discussed here, earlier this month the Tenth Circuit issued a potentially important decision concerning notice before the imposition of a non-guideline sentence in US v. Dozier, No. 05-6259 (10th Cir. Apr. 5, 2006). On Monday, the Tenth Circuit expanded its discussion of these important issues with a thoughtful and thorough opinion in US v. Calzada-Maravillas, No. 05-5029 (10th Cir. Apr. 17, 2006) (available here).
Calzada-Maravillas covers a lot of important ground in the course of reversing an above-guideline sentence imposed without the defendant having notice of such a possibility. The most significant part of the ruling may be the emphatic rejection by the Tenth Circuit panel of all the government's arguments for why the notice error should be deemed harmless.
April 18, 2006 at 12:16 AM | Permalink
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Another interesting footnote in the Calzada-Maravillas case is that the 10th Circuit gave significant precedential weight to a prior unpublished 10th Circuit decision regarding a sua sponte downward departure.
Posted by: ohwilleke | Apr 19, 2006 11:49:18 AM