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IRIZARRY v. U.S.

No. 06-7517.

128 S.Ct. 2198 (2008)

553 U.S. 708

171 L.Ed.2d 28

Richard IRIZARRY, Petitioner, v. UNITED STATES.

Supreme Court of United States.

Decided June 12, 2008.

Attorney(s) appearing for the Case

Arthur J. Madden, III , Mobile, AL, for petitioner.

Matthew D. Roberts , Washington, D.C., for respondent.

Peter B. Rutledge , Charlottesville, VA, as amicus curiae, appointed by this Court, in support of the judgment below.

Jonathan D. Hacker , Harvard Law School, Supreme Court and Appellate Advocacy Clinic, Cambridge, MA, Arthur J. Madden III , Counsel of Record, Madden & Soto, Mobile, AL, Walter Dellinger , Mark S. Davies , Ryan W. Scott , Admitted only in Illinois, Susan M. Moss , O'Melveny & Myers LLP, Washington, DC, for petitioner.

Paul D. Clement , Solicitor General, Counsel of Record, Alice S. Fisher , Assistant Attorney General, Michael R. Dreeben , Deputy Solicitor General, Matthew D. Roberts , Assistant to the Solicitor General, Sangita K. Rao , Attorney, Department of Justice, Washington, D.C., for United States.

Rule 32(h) of the Federal Rules of Criminal Procedure, promulgated in response to our decision in Burns v. United States, 501 U.S. 129, 111 S.Ct. 2182, 115 L.Ed.2d 123 (1991), states that "[b]efore the court may depart from the applicable sentencing range...

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