The following excerpt is from U.S. v. Grewal, 39 F.3d 1189 (9th Cir. 1994):
Fifth, Grewal contends that he received inadequate notice, prior to sentencing, that the district court intended to reject the probation officer's initial recommendation that he receive a reduction for acceptance of responsibility, and that the court intended to enhance his sentence for obstruction of justice. Section 6A1.3(a) of the Guidelines provides that "[w]hen any factor important to the sentencing determination is reasonably in dispute, the parties shall be given an adequate opportunity to present information to the court regarding that factor." To satisfy the notice requirement, relevant information must be "identified as a basis for departure in the presentence report, or, the court must advise the defendant that it is considering departure based on a particular factor and allow defense counsel an opportunity to comment." See United States v. Brady, 928 F.2d 844, 847 & n. 3 (9th Cir.1991).
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