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· 2/14/1991

United States v. Walter F. Curran

Citations

  • 926 F.2d 59
  • 1991 U.S. App. LEXIS 2253
  • 1991 WL 18182

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that Rule 32 does not apply to letters sent to the court, and therefore relying on the court’s supervisory powers to require disclosure to the defendant
  • recognizing that Rule 32 does not apply to letters sent to the court, and therefore relying on the court's supervisory powers to require disclosure to the defendant
  • holding that a defendant should be given advance warning of, and an opportunity to challenge, information used to influence severity of sentence
  • recognizing that Rule 32 “embodies the congressional intent to assure a defendant’s due process rights in the sentencing process”
  • recognizing that Rule 32 “embodies the congressional intent to assure a defendant’s due process rights in the sentencing process”
  • holding that henceforth, where a sentencing court relies on extra-record factual information at sentencing, it “should disclose to the defendant as much as was relied upon, in a timely manner, so as to afford the defendant a fair opportunity to examine and challenge it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Cyr

Read full opinion on CourtListener

Sourced 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.