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BURNS v. UNITED STATES

No. 89-7260.

501 U.S. 129 (1991)

111 S.Ct. 2182

115 L.Ed.2d 123

BURNS v. UNITED STATES.

Supreme Court of United States.

Decided June 13, 1991.

Attorney(s) appearing for the Case

Steven H. Goldblatt argued the cause and filed briefs for petitioner.

Stephen J. Marzen argued the cause for the United States. With him on the brief were Acting Solicitor General Roberts, Acting Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and J. Douglas Wilson.

JUSTICE MARSHALL delivered the opinion of the Court.

The question in this case is whether a district court may depart upward from the sentencing range established by the Sentencing Guidelines without first notifying the parties that it intends to depart. We hold that it may not.

I

Petitioner William Burns was employed by the United States Agency for International Development (AID) from 1967 until 1988. Between...

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