· 8/5/1991
United States v. Robert Alan Berzon
Citations
- 941 F.2d 8
- 1991 U.S. App. LEXIS 17595
- 1991 WL 144494
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that due process requires that defendant be given fair notice of conduct and facts that will inform the sentencing court's determinations
- explaining that a sentencing court may only rely on information in determining a defendant's sentence if the defendant has been given notice of the information and a fair opportunity to meet it
- explaining that if “defendant has enough information to be able to 14 ascertain the supposed Brady material on his own, there is no suppression by the government” and 15 therefore no Brady violation
- remanding for explanation as to whether sentencing judge had relied on testimony, unknown to defendant, emanating from a different defendant’s case
- requiring notice when a court expects to consider “new information” from a separate proceeding
- remanding for clarification when the defendant had not been provided notice of extra-record factual details that the sentencing judge may have considered when fashioning the sentence imposed
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Coffin, Selya
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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