First Circuit Notes Split Re Need For Prior Notice When Deviating From Guideline Range on New Grounds
Per U.S. v. Jones, Slip Copy, 2006 WL 1085543 (1st Cir. 2006):
[T]he circuits are divided on the issue of whether prior notice is required before a sentencing court, operating under advisory guidelines, may deviate from the GSR [guideline sentencing range] on a ground neither argued by the government in its pre-sentencing memorandum nor elaborated in the PSI Report. Compare, e.g., United States v. Long Soldier, 431 F.3d 1120, 1122 (8th Cir.2005) (holding that no such prior notice is required), with, e.g., United States v. Dozier, --- F.3d ----, ---- (10th Cir.2006) [2006 WL 864877, at *2] (holding to the contrary).