U.S. v. CARDENAS

Docket No. 89-1497.

917 F.2d 683 (1990)

UNITED STATES of America, Appellee, v. Fernando Luis CARDENAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 1, 1990.


Attorney(s) appearing for the Case

Richard B. Lind, New York City, for defendant-appellant.

Ira Belkin, Asst. U.S. Atty. for the E.D.N.Y., Brooklyn, N.Y. (Susan Corkery, Asst. U.S. Atty., Andrew J. Maloney, U.S. Atty. for the E.D.N.Y., Brooklyn, N.Y., of counsel), for appellee.

Before MESKILL, CARDAMONE and PIERCE, Circuit Judges.


CARDAMONE, Circuit Judge:

On this appeal from a cocaine conspiracy sentence one of the issues raised is the failure of the district court to advise defense counsel prior to the date set for sentencing of its intent to upwardly depart from the sentencing guidelines. Because punishment, like medicine, is something a person likes to know about before it is administered, notice and a meaningful opportunity to be heard at sentencing are significant rights. At the time...

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