Even under post-Booker advisory sentencing guidelines, district court must still notify parties of intent to depart from guidelines

SENTENCING U.S. v. Dozier, No. 05-6259, ___ F.3d ___ (10th Cir. Apr. 6, 2006)(W.D. Oklahoma). Appeal of sentence for mail fraud in violation of 18 U.S.C. § 1341. HELD: District court erred by departing upward beyond applicable sentencing guidelines range on basis of victim impact letters received by court, but not mentioned in presentence report or in government’s presentencing filings. Rule 32(h) of Federal Rules of Criminal Procedure survives United States v. Booker, 543 U.S. 220 (2005), and requires district court to notify both parties of any intention to depart from now-advisory sentencing guidelines as well as provide basis for such departure when departure grounds are not identified in presentence report or in party’s prehearing submission. Read the opinion here.