United States First Circuit

When proposing to adopt a variant sentence relying on some ground or factor that would unfairly surprise competent and reasonably prepared counsel, a judge must either provide advance notice or, on request, grant a continuance in order to accommodate a reasonable desire for more evidence or further research. There was no such unfair surprise in the case at bar, thus portions of the original panel's opinion are reinstated and the defendant's conviction and sentence for armed carjacking are affirmed.

Appellate Information

• Decided 02/21/2008
• Published 02/21/2008

Judges

• Before BOUDIN, Chief Judge, TORRUELLA, LYNCH, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark S. Davies and Johnny Rivera-González, with whom Walter Dellinger, Ryan W. Scott, and O'Melveny & Myers LLP were on supplemental brief for appellant.


• For Appellees:
  
• Vijay Shanker, U.S. Department of Justice, Criminal Division, Appellate Section, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, and Thomas F. Klumper, Assistant United States Attorney, were on supplemental brief for appellee.