· 2/2/2010
United States v. Jules
Citations
- 595 F.3d 1239
- 2010 U.S. App. LEXIS 2184
- 2010 WL 348044
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “each party must be given notice of and an opportunity to contest new information relied on by the district court in a § 3582(c)(2) proceeding”
- holding that the district court violated the defendant’s due process rights by denying his § 3582(c)(2) motion based on a probation officer’s memorandum that outlined the defendant’s post-conviction conduct but was not docketed or given to either party
- recognizing, in § 3582(c)(2) proceeding, “the due process right not be sentenced on the basis of invalid premises or inaccurate information” (internal quotation marks omitted)
- discussing the “due process right not to be sentenced on the basis of invalid premises or inaccurate information”
- “[A]lthough a hearing is a permissible vehicle for contesting any new information, the district court may instead allow the parties to contest new information in writing.”
- “[E]ach party must be given notice of and an opportunity to con- test new information relied on by the district court in a [section] 3582(c)(2) proceeding.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubina, Birch, Black
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.