In U.S. v. Jules, No. 08-13629 (Feb. 2, 2010), the Court held that a district court that intends to rely on new information in deciding a motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) must give the defendant an opportunity to respond to the new information.
Prior to Jules’ § 3582(c)(2) resentencing, the district court received information from Probation about Jules’ alleged marijuana use while incarcerated. Based on this information, the district court denied a sentence reduction. Jules was not given any opportunity to respond to the new information.
On appeal, the Court noted that the Guidelines state that parties should be given an adequate opportunity to present information regarding sentencing factors in dispute. Further, the Court’s own caselaw requires an adequate notice and opportunity to contest facts at sentencing. The Court also relied on caselaw in two other Circuits which recognize a defendant’s right to notice of new facts on which the district court relies in a 3582(c)(2) determination. The Court distinguished caselaw in other Circuits on which the government relied.
The Court noted that on remand, the district court could hold a hearing on the new information about Jules, or may instead allow the parties to contest new information in writing.
