Sentencing in the post-Booker world presents a variety of challenges and uncertainties for the courts, Congress, and the general public. This Note examines one such challenge, considering the difficulties surrounding Federal Rule of Criminal Procedure 32(h) in light of Booker. The Note develops the history of both Rule 32(h) and the Booker decision, analyzes changes and suggested amendments to Rule 32(h), and concludes that the conflict between Rule 32(h) and Booker can be easily resolved with slight alterations to the language of Rule 32(h).
A Measure of Harmony: The Orchestration of Rule 32(H) with the “Discordant Symphony” of Booker,
57 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol57/iss1/6