A casual reference in the government's briefs alone may not satisfy the Hahn notice requirement before an upward departure is imposed (although the Hahn PSR's silence on the departure issue is a worrisome fact that will muddy future notice analyses).For Further Reading: For an interesting and useful discussion of Rule 32 notice requirements in the post-Booker world, see Sentencing Resource Counsel Amy Baron-Evan's memo, "After Irizarry: . . . [read post]

(Worthless Stock Ded.: Liquid'g Distrib'n Was Only on Pfd Stock)6. [read post]