Editor's Note :

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There is a possibility of opinions on Wednesday at 10 a.m. We will begin live-blogging at 9:45 a.m. at this link, where readers can sign up for an email reminder when we begin the live blog.
On Wednesday the Supreme Court hears oral argument in Flowers v. Mississippi; Amy Howe has our preview.

Irizarry v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
06-7517 11th Cir. Apr 15, 2008
Tr.Aud.
Jun 12, 2008 5-4 Stevens OT 2007

Holding: Federal Rule of Criminal Procedure 32(h) does not apply to a variance from a recommended Federal Sentencing Guidelines range.

Judgment: Affirmed, 5-4, in an opinion by Justice John Paul Stevens on June 12, 2008. Justice Breyer filed a dissenting opinion, in which Justices Kennedy, Souter, and Ginsburg joined.

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