· 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 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.