The United States Supreme Court has held that before a district court can sentence longer than a range set by the Federal Sentencing Guidelines on a ground not identified as one for departure in either the pre-sentence report or the pre-hearing report of the Government, FRCrP 32 requires that the court give the parties to the action reasonable notice of the possible departure and specifically identify the grounds for such departure.
Burns v United States, US , 111 S Ct 2182 (1991).
Mary A. DiIanni,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol30/iss4/13