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U.S. v. ANATI

Docket No. 05-3800-cr.

457 F.3d 233 (2006)

UNITED STATES of America, Appellee, v. Henry ANATI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 20, 2006.

Attorney(s) appearing for the Case

Yuanchung Lee, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Defendant-Appellant.

David C. James, Asst. U.S. Atty., Brooklyn, N.Y. (Roslynn R. Mauskopf, U.S. Atty., Amy Busa, Asst. U.S. Atty., Brooklyn, NY, on the brief), for Appellee.

Before MESKILL, NEWMAN, and B. D. PARKER, Circuit Judges.

NEWMAN, Circuit Judge.

The principal issue on this appeal is whether a district judge must provide a defendant with notice of intent to use the discretionary authority provided by United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), to impose, sua sponte, a non-Guidelines sentence and afford the defendant an opportunity to challenge the grounds for such a sentence. Henry Anati appeals from the...

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