District court need not give notice before imposing sentence in excess of guidelines policy statement for violation of terms of supervised release

SENTENCING United States v. Redcap, No. 07-4068, ___ F.3d ___ (10th Cir. Nov. 5, 2007)(Utah). Appeal of sentence imposed for violating terms of supervised release. HELD: District court did not err by failing to give prior notice of its intention to impose sentence in excess of that recommended by the policy statement in Chapter 7 of United States Sentencing Guidelines for violation of terms of supervised release. Even under advisory guidelines scheme emplaced by United States Supreme Court in United States v. Booker, 543 U.S. 220 (2005), a sentencing court is still under no obligation to give notice before imposing a sentence in excess of the Chapter 7 sentence range. Read the opinion here.