Irizarry v. United States, 553 U.S. 708 (2008), was a United States Supreme Court case in which the court held that Federal Rule of Criminal Procedure 32(h) does not apply to a variance from a recommended Federal Sentencing Guidelines range; that rule applies only to "departures."[1][2]
Irizarry v. United States | |
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Decided June 12, 2008 | |
Full case name | Irizarry v. United States |
Citations | 553 U.S. 708 (more) |
Holding | |
Federal Rule of Criminal Procedure 32(h) does not apply to a variance from a recommended Federal Sentencing Guidelines range; that rule applies only to "departures." | |
Court membership | |
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Case opinions | |
Majority | Stevens |
Dissent | Breyer, joined by Kennedy, Souter, Ginsburg |
Laws applied | |
Fed. R. Crim. P. 32(h) |