· 11/9/1999
United States v. Bartsma
Citations
- 198 F.3d 1191
- 2000 Colo. J. C.A.R. 6432
- 1999 U.S. App. LEXIS 29447
- 1999 WL 1015546
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding as matter of first impression that district court must give “reasonable pre-sentence notice” before ordering sex offender registration as a special condition
- noting that factual findings of the district court are afforded substantial deference
- “Having determined [the defendant] was entitled to notice, we do not reach the issue of whether the district court abused its discretion by imposing the sex-offender-registration requirement in this case.”
- reversing sex-offender-registration condition for defendant convicted for illegally possessing a firearm because defendant did not receive required notice; not reaching merits of argument that condition was invalid because it was not reasonably related to offense
- “Not requiring notice would be inconsistent with Rule 32’s purpose of promoting focused, adversarial resolution of the legal and factual issues relevant to fixing Guidelines sentences.” (quotation omitted)
- Bums violated where the court, without prior notice to parties that it contemplated doing so, imposed sex offender registration requirement as condition of supervised release
Source: CourtListener parenthetical corpus (CC0).
Judges: Brorby, Henry, Lucero
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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