CHAPTER SIX - SENTENCING PROCEDURES, PLEA AGREEMENTS, AND CRIME VICTIMS' RIGHTS


PART A - SENTENCING PROCEDURES


§6A1.4.     Notice of Possible Departure  (Policy Statement)

Before the court may depart from the applicable sentencing guideline 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 notice must specify any ground on which the court is contemplating a departure.  Rule 32(h), Fed. R. Crim. P.


Commentary

Background:  The Federal Rules of Criminal Procedure were amended, effective December 1, 2002, to incorporate into Rule 32(h) the holding in Burns v. United States, 501 U.S. 129, 138-39 (1991).  This policy statement parallels Rule 32(h), Fed. R. Crim. P.

Historical Note:  Effective November 1, 2004 (see Appendix C, amendment 674).