The following excerpt is from US v. Hernandez, 251 F.3d 1247 (9th Cir. 2001):
Hernandez contends that United States v. Hinojosa-Gonzalez, 142 F.3d 1122, 1123 (9th Cir. 1998), establishes that a defendant is denied the right to adequate notice under Rule 32 when notice of an intended departure is given at the sentencing hearing. We disagree. The issue addressed in Hinojosa-Gonzalez was whether the defendant must receive notice of both factual and legal grounds for departure. The opinion did not analyze or discuss the issue presented here -- whether notice given at the outset of the sentencing hearing is sufficient where defense counsel has a meaningful opportunity to comment.
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