United States Ninth Circuit

Defendant's firearm sentence is vacated, where the District Court erred by finding that the parties' pre-sentencing hearing submissions were inadequate to satisfy Fed. R. Crim. P. 32(h), because the parties' submissions provided adequate notice that the District Court might consider a consecutive sentence.

Appellate Information

• Argued 11/18/2008
• Decided 03/04/2009
• Published 03/04/2009

Judges

• Before:  ALEX KOZINSKI, Chief Judge, B. FLETCHER and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William W. Mercer (argued), Kris A. McLean, U.S. Attorney's Office, Billings, MT, for the plaintiff-appellant.


• For Appellees:
  
• Ryan R. Shaffer, Shaffer Law Office, P.C., Missoula, MT, for the defendant-appellee.