District courts are not required to give notice before imposing a sentence outside the guidelines range for violations of conditions of supervised release, the 2nd Circuit has ruled. The court said that a judge imposing such sentence need not give notice or afford the defendant an opportunity to challenge the sentence because supervised release is governed by non-binding policy statements. The issue is the latest to arise from the landmark U.S. Supreme Court case United States v. Booker .
August 27, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
District courts are not required to give notice before imposing a sentence outside the guidelines range for violations of conditions of supervised release, the 2nd U.S. Circuit Court of Appeals has ruled.
The court in United States v. Altman, 06-4276-cr, said that a judge imposing such sentence need not give notice or afford the defendant an opportunity to challenge the sentence because supervised release is governed by nonbinding policy statements.
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