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U.S. v. GREEN

No. 96-50127.

105 F.3d 1321 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Charles Kevin GREEN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 30, 1997.

Attorney(s) appearing for the Case

Becky S. Walker, Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellant.

Howard E. Beckler and Forrest Latiner, Hollywood, CA, for defendant-appellee.

Before: FERNANDEZ and HAWKINS, Circuit Judges, and SCHWARZER, District Judge.

MICHAEL DALY HAWKINS, Circuit Judge:

We consider here an issue of first impression in this Circuit: whether the government, as we have previously held with respect to defendants, is entitled to reasonable notice of a sentencing court's intention to make a departure (here, a sizeable one) on a ground not identified in the presentence report ("PSR"). We conclude the government, for many of the salutary reasons applicable to...

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