Irizarry v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 06-7517 | 11th Cir. | Apr 15, 2008 | 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.
SCOTUSblog Coverage
- Opinion Recap: Irizarry v. US (Eliza Presson, June 16, 2008)
- Argument recap: Irizarry v. US (Scotus Staff, April 16, 2008)
- Argument Preview: Irizarry v. United States (Eliza Presson, April 10, 2008)
- Court to rule on death penalty for child rape (Lyle Denniston, January 4, 2008)
Merits briefs
- Brief for Petitioner Richard Irizarry
- Brief for Respondent United States of America
- Brief of Court-Appointed Amicus Curiae Urging Affirmance of the Judgment Below in Case No. 06-7517
- Reply Brief for Petitioner Richard Irizarry
Certiorari filings
- Opinion below (11th Circuit)
- Petition for certiorari
- Brief in opposition