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U.S. v. HAMAD

No. 05-4196.

495 F.3d 241 (2007)

UNITED STATES of America, Appellee, v. Hatem Mahmoud HAMAD, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 19, 2007.

Attorney(s) appearing for the Case

ARGUED: David C. Jack, Wadsworth, Ohio, for Appellant. Mark S. Bennett, United States Attorney, Cleveland, Ohio, for Appellee. Douglas A. Berman, The Ohio State University, Moritz College of Law, Columbus, Ohio, as court-appointed Amicus Curiae. ON BRIEF: David C. Jack, Wadsworth, Ohio, for Appellant. Vasile C. Katsaros, United States Attorney, Cleveland, Ohio, for Appellee. Douglas A. Berman, The Ohio State University, Moritz College Of Law, Columbus, Ohio, as court-appointed Amicus Curiae.

Before: GILMAN and SUTTON, Circuit Judges; TARNOW, District Judge.

OPINION

SUTTON, Circuit Judge.

What happens when a district court, applying the advisory sentencing guidelines, not only increases a sentence based on its own fact findings but also does so on the basis of evidence never fully disclosed to the criminal defendant? One reading of Rule 32 of the Federal Rules of Criminal Procedure would authorize this procedure; another would not. Because the escalation of a sentence based on undisclosed evidence raises serious...

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