U.S. v. JULES

No. 08-13629.

595 F.3d 1239 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth C. JULES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 2, 2010.


Attorney(s) appearing for the Case

Jessica Joan-Marie Hagen and David G. Guidry, (Court-Appointed), King & Spalding, Atlanta, GA, for Jules.

Michelle Thresher Taylor, Linda Julin McNamara, Asst. U.S. Atty., Tampa, FL, for U.S.

Before DUBINA, Chief Judge, and BIRCH and BLACK, Circuit Judges.


BLACK, Circuit Judge:

This case raises an issue of first impression for the Eleventh Circuit: when a district court intends to rely on new information in deciding a motion for the modification of a sentence pursuant to 18 U.S.C. § 3582(c)(2), whether each party is entitled to notice of the information and an opportunity to respond. We hold that each party is so entitled.

I. BACKGROUND

Appellant Kenneth Jules pled guilty to one count of conspiracy...

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