Irizarry v. United States (2007)
- Docket
- 06-7517
- Decided
- 2007-01-01
Summary
Question: Is a judge required to give both parties advance notice before imposing a criminal sentence that departs from the Federal Sentencing Guidelines? Conclusion: No. Justice John Paul Stevens, writing for the five-justice majority, held that advance warning of a sentence departing from the Federal Sentencing Guidelines is unnecessary after Booker , which made the guidelines advisory. If the guidelines were still mandatory, Stevens argued, advance warning might be required. Justice Stephen J. Breyer, joined by three other Justices, dissented.