United States v. Jesus Palta, A/K/A \Jesus Antonio Palta Morales\", 880 F.2d 636 (1989). · Go Syfert
United States v. Jesus Palta, A/K/A \Jesus Antonio Palta Morales\", 880 F.2d 636 (1989). Cases Citing This Book View Copy Cite
88 citation events (8 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Gates (ca2, 2023-10-17)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Gates
2d Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
an accurate presentence report is crucial both to ensure the fairness of an individual defendant's sentence and to enhance the overall goal of uniformity in sentencing.
discussed Cited as authority (rule) Franklin v. United States
M.D. Tenn. · 2023 · confidence medium
The Court is unaware of any such authority. “[A]n accurate presentence report is crucial both to ensure the fairness of an individual defendant’s sentence and to enhance the overall goal of uniformity in sentencing.” United States v. Palta, 880 F.2d 636, 640 (2d Cir. 1989).
discussed Cited as authority (rule) United States v. Gilmore
E.D.N.Y · 2007 · confidence medium
In further support of its decision, the Court cited Burns v. United States, 501 U.S. 129 , 111 S.Ct. 2182 , 115 L.Ed.2d 123 (1991); United States v. Carter, 203 F.3d 187, 190 (2d Cir.2000); United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989) and United States v. Rivera, 192 F.3d 81, 88 (2d Cir.1999), all pre-dating Booker.
discussed Cited as authority (rule) United States v. Wayne Jeffers (2×)
2d Cir. · 2003 · confidence medium
"After providing a procedure that affords parties the opportunity to be heard adequately, the court [must] clearly state its resolution of any disputed factors predicated upon its findings." United States v. Palta, 880 F.2d 636, 641 (2d Cir.1989).
discussed Cited as authority (rule) United States v. Okafor
2d Cir. · 2002 · confidence medium
United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989) The factual findings upon which the district court bases its decision to depart are subject to the clearly erroneous standard, and we apply de novo review to issues of law.
cited Cited as authority (rule) United States v. Ochoa-Heredia
N.D. Iowa · 2001 · confidence medium
A, at 1.2 (policy statement) (Congress sought uniformity and proportionality in sentencing); United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989); Rolande-Ga-briel, 938 F.2d at 1237 .
discussed Cited as authority (rule) United States v. Michael Lee Carter
2d Cir. · 2000 · confidence medium
We have held that “[ajdequate notice and the opportunity to contest an upward departure ... are indispensable to sentencing uniformity and fairness.” United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989); see also United States v. Kim, 896 F.2d 678, 681 (2d Cir.1990).
discussed Cited as authority (rule) United States v. Arthur Morrison
2d Cir. · 1998 · confidence medium
A sentencing court “has ‘wide discretion’ ... in determining whether aggravating circumstances exist to support an upward departure.” United States v. Stephens, 7 F.3d 285, 289 (2d Cir.1993) (quoting United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989)).
cited Cited as authority (rule) United States v. Gigante
unknown court · 1996 · confidence medium
United States v. Stephenson, 921 F.2d 438, 441 (2d Cir.1990); United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989).
cited Cited as authority (rule) United States v. Gigante
unknown court · 1996 · confidence medium
United States v. Stephenson, 921 F.2d 438, 441 (2d Cir.1990); United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989).
discussed Cited as authority (rule) United States v. Jesus Palta, Edison A. Marolejo
2d Cir. · 1996 · confidence medium
United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989). 3 On October 19, 1989, the district court sentenced Palta to a 151-month term of imprisonment, a four-year term of supervised release, a $13,500 fine, and a $100 special assessment.
discussed Cited as authority (rule) United States v. Yan Chabot
2d Cir. · 1995 · confidence medium
See, e.g., 28 U.S.C. § 991 (b)(1)(B); United States Sentencing Commission, Guidelines Manual at 2 (Nov. 1994); United States v. Joyner, 924 F.2d 454, 460 (2d Cir.1991); United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989).
discussed Cited as authority (rule) United States v. Michael Williams
2d Cir. · 1995 · confidence medium
Reasonableness of the Sentence Under 18 U.S.C. § 3742 (e)(3), if the sentence imposed is outside the applicable guideline range, we must determine whether that sentence is “unreasonable.” Maier, 975 F.2d at 949 ; United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989).
cited Cited as authority (rule) United States v. Gigante
unknown court · 1994 · confidence medium
United States v. Stephenson, 921 F.2d 438, 441 (2d Cir.1990); United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989).
cited Cited as authority (rule) United States v. Gigante
unknown court · 1994 · confidence medium
United States v. Stephenson, 921 F.2d 438, 441 (2d Cir.1990); United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989).
discussed Cited as authority (rule) United States v. Michael Williams
2d Cir. · 1994 · confidence medium
If there is no clear error in the district court’s factual findings and no error in its conclusion that the factor is a permissible ground for departure, the court has discretion in determining what aggravating or mitigating circumstances to consider, see generally United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989); United States v. Sturgis, 869 F.2d 54, 56 (2d Cir.1989), and we review the resulting sentence to determine whether or not it is reasonable, see, e.g., United States v. Maier, 975 F.2d 944, 949 (2d Cir.1992); Palta, 880 F.2d at 639 ; 18 U.S.C. § 3742 (e)(3).
discussed Cited as authority (rule) United States v. Dale M. Hendrickson (2×)
2d Cir. · 1994 · confidence medium
United States v. Maturo, 982 F.2d 57 (2d Cir.1992) (remanding case for additional sentencing proceedings where district court failed to make "specific affirmative factual findings" regarding the amount of narcotics involved), cert. denied, --- U.S. ----, 113 S.Ct. 2982 , 125 L.Ed.2d 679 (1993); see also United States v. Jacobo, 934 F.2d 411, 416 (2d Cir.1991) (sentencing court required to make its own factual determinations as to quantity of drugs involved); United States v. Palta, 880 F.2d 636, 641 (2d Cir.1989) (sentencing court "shall clearly state its resolution of any disputed factors pre…
cited Cited as authority (rule) United States v. Troy Stephens
2d Cir. · 1993 · confidence medium
United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989).
discussed Cited as authority (rule) United States v. Beverly Maier
2d Cir. · 1992 · confidence medium
We also conclude that the departure is not “unreasonable,” 18 U.S.C. § 3742 (e)(3), which is the ultimate standard guiding our review of departures, see United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989); United States v. Correa-Vargas, 860 F.2d 35, 36-37 (2d Cir.1988).
discussed Cited as authority (rule) United States v. David E. Campbell, Also Known as Anthony Jarrett Alton, Also Known as Nfn Pecos
2d Cir. · 1992 · confidence medium
See e.g., United States v. Coe, 891 F.2d 405, 410 (2d Cir.1989) (error to depart upward because of fact of multiple robberies since multi-count analysis in guidelines already accounted for that factor); United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989) (improper to depart upward for concealment of identity since Guidelines consider obstruction of justice); United States v. Colon, 905 F.2d 580, 585-86 (2d Cir.1990) (error to depart upward for role in the offense since Guidelines address the issue).
discussed Cited as authority (rule) United States v. Elmer Arias Acosta (2×)
2d Cir. · 1992 · confidence medium
A, at 1.2 (policy statement) (Congress sought uniformity and proportionality in sentencing); United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989); Rolande-Gabriel, 938 F.2d at 1237 . 20 In stark contrast to the LSD in Chapman, the "mixture" here was useless because it was not ready for distribution at either the wholesale or the retail level.
cited Cited as authority (rule) United States v. Rodriguez
2d Cir. · 1992 · confidence medium
United States v. Colon, 905 F.2d 580, 584 (2d Cir.1990); United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989).
cited Cited as authority (rule) United States v. Rodriguez
2d Cir. · 1992 · confidence medium
United States v. Colon, 905 F.2d 580, 584 (2d Cir.1990); United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989). 63 The district court met these obligations.
discussed Cited as authority (rule) United States v. Nicholas Uccio
2d Cir. · 1991 · confidence medium
Second, we dealt not with whether the ground of departure was authorized but only with whether the extent of the departure was reasonable, see 18 U.S.C. § 3742 (e)(3) (1988) (imposition of a sentence outside of the applicable Guidelines range must not be “unreasonable”); United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989) (extent of an authorized departure must be reasonable).
discussed Cited as authority (rule) Burns v. United States (2×) also: Cited "see, e.g."
SCOTUS · 1991 · confidence medium
NOTES [1] See, e. g., United States v. Palta, 880 F. 2d 636, 640 (CA2 1989); United States v. Nuno-Para, 877 F. 2d 1409, 1415 (CA9 1989); United States v. Otero, 868 F. 2d 1412, 1415 (CA5 1989). [2] Pursuant to Rule 32(c)(2), the presentence report is to contain (a) information about the history and characteristics of the defendant, including his prior criminal record; (b) the classification of the offense and the defendant under the Sentencing Guidelines, possible sentencing ranges, and any factors that might warrant departure from the Guidelines; (c) any pertinent policy statements issued by…
discussed Cited as authority (rule) United States v. Didier Alba John Gonzalez Marizol Vasquez, John Gonzalez
2d Cir. · 1991 · confidence medium
Thus, though limited participation in the offense is a factor taken into consideration by the Sentencing Commission, see U.S.S.G. § 3B1.2, the sentencing court may depart based on that factor if it finds “that ‘unusual circumstances’ ... warrant [a downward] departure from the pertinent guideline provision.” United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989); see also U.S.S.G. § 5K2.0 (“[CJourt may depart from the guidelines, even though the reason for departure is listed elsewhere in the guidelines ..., if the court determines that, in light of unusual circumstances, the guid…
examined Cited as authority (rule) United States v. James T. Weaver (4×) also: Cited "see, e.g."
11th Cir. · 1991 · confidence medium
United States v. Palta, 880 F.2d 636, 639-40 (2nd Cir.1989) (departures permissible even if guidelines list particular factor because consideration may be inadequate).
discussed Cited as authority (rule) United States v. Paccione
S.D.N.Y. · 1990 · confidence medium
See United States v. Jagmohan, 909 F.2d 61 (2d Cir.1990) (discussing importance of giving adequate notice); United States v. Kim, 896 F.2d 678, 681 (2d Cir.1990) (“[A] sentencing judge contemplating an upward departure should inform the defendant of the factors that the judge is planning to rely upon and offer some brief explanation as to why these factors warrant a departure.”); United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989) (“Adequate notice and the opportunity to contest an upward departure from the guidelines are indispensable to sentencing uniformity and fairness.”).
discussed Cited as authority (rule) United States v. Robert L. Stephenson
2d Cir. · 1990 · confidence medium
Because sentencing judges are afforded considerable latitude in making upward departures, see United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989); United States v. Sturgis, 869 F.2d 54, 56 (2d Cir.1989), this Court reviews upward departures under a reasonableness standard.
discussed Cited as authority (rule) United States v. Nicholas Uccio and Manos Sarantopoulos
2d Cir. · 1990 · confidence medium
See Kim, 896 F.2d at 681 (emphasizing the importance of allowing the defendant to address upward *87 departure factors under consideration by the sentencing court); United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989) (“[ajdequate notice and the opportunity to contest an upward departure” are “indispensable”).
discussed Cited as authority (rule) United States v. Fernando Luis Cardenas
2d Cir. · 1990 · confidence medium
See Kim, 896 F.2d at 681 (“sentencing judge contemplating an upward departure should inform the defendant of the factors that the judge is planning to rely upon and offer some brief explanation as to why these factors warrant a departure”); United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989) (same); United States v. Cervantes, 878 F.2d 50, 55-56 (2d Cir.1989) (sentencing judge should notify defendant of intent to depart upwardly “especially where the judge relies upon factors not addressed in the presentence report or which, if mentioned, have been recast by the judge”); see also U…
discussed Cited as authority (rule) United States v. Renard Barone (2×)
2d Cir. · 1990 · confidence medium
United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989); United States v. Sturgis, 869 F.2d 54, 56 (2d Cir.1989).
examined Cited as authority (rule) United States v. Rogelio Lara, Carlos Morales, Francisco Delgado, Carlos Morales (4×) also: Cited "see"
2d Cir. · 1990 · confidence medium
Ill If the sole question in this case is the reasonableness of the departure from the Guidelines, the court below abused its discretion even under the standards in this circuit of “wide discretion,” United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989), and “sensible flexibility,” United States v. Correa-Vargas, 860 F.2d 35, 40 (2d Cir.1988).
discussed Cited as authority (rule) United States v. John Altman
2d Cir. · 1990 · confidence medium
The court failed to “provided a procedure that afford[ed Altman] the opportunity to be heard adequately,” United States v. Palta, 880 F.2d 636, 641 (2d Cir.1989), by not permitting the doctor to testify.
discussed Cited as authority (rule) United States v. Won Tae Kim
2d Cir. · 1990 · confidence medium
Discussion Initially, we encounter a procedural problem with the upward departure, in light of United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989), and United States v. Cervantes, 878 F.2d 50 (2d Cir.1989).
examined Cited as authority (rule) United States v. Miguel Cardenas (4×) also: Cited "see"
8th Cir. · 1990 · signal: cf. · confidence medium
Cf. United States v. Palta, 880 F.2d 636, 640-41 (2d Cir.1989) (requiring finding as to relevance of gun found in defendant’s car); United States v. Burch, 873 F.2d 765, 767-68 (5th Cir.1989) (requiring finding as to appropriateness of computing offense level based on total drugs found at scene of crime).
discussed Cited as authority (rule) United States v. Alfred Jordan
7th Cir. · 1989 · confidence medium
That fact *976 distinguishes this case from United States v. Palta, 880 F.2d 636, 640 (2nd Cir.1989), in which the court determined that the defendant was not given an adequate opportunity to be heard regarding departure from the Guidelines.
discussed Cited as authority (rule) United States v. Jorge Armando Aguilar-Pena
1st Cir. · 1989 · confidence medium
Where the guidelines have taken matters into account, the district court is not then at liberty to depart, see United States v. Palta, 880 F.2d 636, 639-40 (2d Cir.1989); Nuno-Para, 877 F.2d at 1414 , notwithstanding that the judge’s independent weighing of the relevant factors might differ substantially from the Commission’s.
discussed Cited "see" United States v. Gregory Gilmore
2d Cir. · 2006 · signal: see · confidence high
See United States v. Carter, 203 F.3d 187, 190 (2d Cir.2000) (“ ‘[Ajdequate notice and the opportunity to contest an upward departure ... are indispensable to sentencing uniformity and fairness.’ ”) (quoting United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989) (omission in original)); see also United States v. Rivera, 192 F.3d 81, 88 (2d Cir.1999) (noting that the failure to give notice of an upward departure within the Guidelines is not harmless if “the defendant can specify arguments he would have made that the district court did not consider”).
discussed Cited "see" United States v. Shonubi
E.D.N.Y · 1995 · signal: accord · confidence high
United States v. Jagmohan, 909 F.2d 61, 63 (2d Cir.1990) (alteration in original) (quoting United States v. Kim, 896 F.2d 678, 681 (2d Cir.1990)); accord United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989); United States v. Cervantes, 878 F.2d 50, 55-56 (2d Cir.1989).
cited Cited "see" United States v. Oscar David Garcia
2d Cir. · 1991 · signal: see · confidence high
See United States v. Lara, 905 F.2d at 603 (citing United States v. Palta, 880 F.2d 636, 639 (2d Cir.1989); United States v. Correa-Vargas, 860 F.2d 35, 40 (2d Cir.1988)).
cited Cited "see" United States v. Thomas Lindley Roberts
4th Cir. · 1990 · signal: see · confidence high
See United States v. Palta, 880 F.2d 636, 639-40 (2d Cir.1989).
cited Cited "see" United States v. Ramon Gonzalez-Lopez
11th Cir. · 1990 · signal: see · confidence high
Aguilar-Pena, 887 F.2d at 353 ; see United States v. Palta, 880 F.2d 636, 639-40 (2d Cir.1989).
discussed Cited "see" United States v. Bonnie Sue Anders, (89-5465) and Trumanda Weddle, (89-5467)
6th Cir. · 1990 · signal: see · confidence high
See United States v. Palta, 880 F.2d 636, 640 (2nd Cir.1989) (district court made no findings of fact to resolve factual disputes and its upward departure from the Guidelines denied defendant adequate notice and an opportunity to be heard); United States v. Cervantes, 878 F.2d 50, 56 (2nd Cir.1989) (district court’s statement of its intention to sentence defendant within the Guidelines followed by its subsequent upward departure did not afford defense counsel proper notice and opportunity to be heard); United States v. Otero, 868 F.2d 1412, 1415 (5th Cir.1989) (”[N]either probation officer…
cited Cited "see" United States v. Jailal Jagmohan
2d Cir. · 1990 · signal: accord · confidence high
United States v. Kim, 896 F.2d 678, 681 (2d Cir.1990); accord United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989); United States v. Cervantes, 878 F.2d 50, 55-56 (2d Cir.1989).
discussed Cited "see" United States v. Elwood Schular, Jr. (2×)
2d Cir. · 1990 · signal: see · confidence high
See United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989); United States v. Aguilar-Pena, 887 F.2d 347, 353 (1st Cir.1989).
examined Cited "see" United States v. Colon (3×) also: Cited "see, e.g."
unknown court · 1990 · signal: see · confidence high
See Palta, 880 F.2d at 639 ; United States v. Sturgis, 869 F.2d 54, 56 (2d Cir.1989).
examined Cited "see" United States v. Colon (3×) also: Cited "see, e.g."
unknown court · 1990 · signal: see · confidence high
See Palta, 880 F.2d at 639 ; United States v. Sturgis, 869 F.2d 54, 56 (2d Cir.1989).
discussed Cited "see" United States v. Charles Patterson, A/K/A Daniel Burton
8th Cir. · 1989 · signal: see · confidence high
See United States v. Palta, 880 F.2d 636, 637-40 (2d Cir.1989) (by concealing his true identity, which resulted in an initial criminal history calculation and recommended sentencing range that were too *73 low, defendant obstructed administration of justice under § 3C1.1).
discussed Cited "see" United States v. Ricky Guerra (2×)
2d Cir. · 1989 · signal: see · confidence high
See United States v. Palta, 880 F.2d 636, 640 (2d Cir.1989); United States v. Cervantes, 878 F.2d 50, 56 (2d Cir.1989).
Retrieving the full opinion text from the archive…
A/K/A \"Luis Eduardo Toro\"
Jul 10, 1989.
880 F.2d 636
1989 U.S. App. LEXIS 10123
RU
Lumbard, Pratt, Altimari.
ALTIMARI, Circuit Judge:

Defendants Jesus Palta and Edison A. Marmolejo appeal sentences imposed under[*637] the Sentencing Reform Act of 1984, as amended, 18 U.S.C. § 3551 et seq. and 28 U.S.C. §§ 991-98, (the “Act”), following judgments of conviction by guilty pleas entered in the United States District Court for the Southern District of New York (Kevin T. Duffy, Judge). On this appeal, neither of the defendants challenges the underlying conviction, but both now argue that the district court erred in imposing sentence. Specifically, Palta contends that the district court’s imposition of concurrent twenty-five year terms of imprisonment was unreasonable. Marmolejo contends that the district court improperly failed to rule on his objections to his presentence report and to make explicit factual findings in regard to his objections.

Since we agree with both defendants’ contentions, the sentences are vacated and remanded to the district court for resen-tencing consistent with this opinion.

BACKGROUND

On July 14, 1988, Jesus Palta accompanied by Edison Marmolejo went to 79th Street and Riverside Drive in Manhattan to transact a previously arranged purchase of cocaine with an undercover agent and a confidential informant of the Drug Enforcement Administration (“DEA”). While Palta took the DEA informant to his automobile to show him the cocaine, Marmolejo went with the undercover agent to inspect the money. Before the transaction could be completed, Marmolejo refused to view the money and attempted to flee. Palta and Marmolejo were then arrested. A search of Palta’s automobile revealed two kilograms of cocaine, a .32 caliber revolver and three small plastic bags of cocaine. Two more plastic bags of the drug were found on Palta’s person.

Pursuant to plea agreements with the government, Marmolejo and Palta entered guilty pleas before Judge Duffy on October 11 and October 12, 1988 respectively. Both defendants pled guilty to conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine in violation of 21 U.S.C. § 846. In addition, Palta alone entered a guilty plea to possessing with intent to distribute approximately two kilograms of cocaine in violation of 21 U.S.C. §§ 812, 841(a)(1) and 841(b)(1)(B).

As sentences were to be imposed on November 30, 1988, presentence reports were prepared for both defendants. See 18 U.S. C. § 3552(a). Shortly before the sentencing date arrived, it was discovered that Jesus Palta was in reality Luis Eduardo Toro, an illegal alien with a prior narcotics-related felony conviction. Accordingly, the sentencing date was adjourned in order for an accurate presentence report to be prepared. Palta’s second presentence report accounted for his prior narcotics conviction, his violation of parole, and his attempt to shield his true identity by providing false information during preparation of the first presentence report. Palta received a base offense level of 28 points for attempting to sell two kilograms of cocaine. See United States Sentencing Commission, Guidelines Manual § 2D1.1(a)(3) (rev. ed. 1988) (“Guidelines Manual"). The base level was increased two levels for possession of a firearm, see id. § 2D1.1(b)(1), and an additional two levels for willfully impeding and obstructing the administration of justice by supplying false information, see id. § 3C1.1. Palta received a two-level reduction for his acceptance of responsibility, see id. § 3E1.1., resulting in an offense level of 30. Additionally, Palta’s prior narcotics conviction and parole violation resulted in a criminal history category of III, see id. § 4A1.1. and 4A1.2. Under the report’s recommendation, the sentencing range as per the guidelines was set at 121 to 151 months. Defense counsel did not contest this recommendation.

Marmolejo’s presentence report set a base offense level at 28 points for attempting to sell two kilograms of cocaine, with a two-level increase since a firearm was possessed at the time of the offense, see Guidelines Manual § 2Dl.l(a)(3) and § 2D1.1(b)(1). He received a two-level reduction since he was deemed a “minor” participant in the criminal activity, see id. § 3B1.2(b), and a further two-level reduction for his acceptance of responsibility, see [*638] id. § 3E1.1. Since Marmolejo had no prior criminal history, his criminal history category, I, when matched with the offense level total, 26, resulted in a guideline range of 63 to 78 months.

At Palta’s sentencing, on the morning of January 25,1989, the government indicated it had nothing to add to the presentence report, and defense counsel stated no objection. Despite the report’s recommendation of 121-151 months, Palta received two concurrent terms of 25 years (300 months) imprisonment. In imposing sentence, the district court explained:

You know it amazes me. Here you are you come into the country you claim you’re a mule and you get caught and sentenced. I would assume that would teach you. But you can’t do that. No, you go and do it again. You do it again and finally you get caught again.
Now, the second time you figure, hey, I’ve got a wonderful out, I’m no longer me, I’m somebody else and you continued to lie and you continued to lie and you played basically with the entire justice system and you say that the justice system of the United States stinks. I will play with them. Well, you got caught.
This is a case where the guidelines don’t apply. The guidelines apply to people who get caught and who do not think that the system of justice is a plaything.... I will not designate you to Danbury. I would think that Leavenworth would be a better place for you_ INS is to be notified, if and when he is ever released alive so that he can be immediately deported back to Colombia.

Palta Sentencing Transcript at 4-5. Defense counsel at once noted his exception to the sentence, indicating that the presen-tence report had already accounted for Pal-ta’s obstruction of the investigation. The district court responded:

The legislature did not make up the guidelines. The commission did. Now, if you’re suggesting that there’s some kind of constitutional violation, forget it. A commission made up these guidelines. They are a bunch of sociologists, with one district judge in the group.

Id. at 7.

Later that same day, Marmolejo appeared before the court for sentencing. Defense counsel requested an adjournment so that objections to the guideline calculation set forth in the presentence report could be considered. The previous day, January 24, 1989, defense counsel had informed the court of his objections by hand-delivered letter. The district court refused to adjourn the proceedings. Both in the letter and at the sentencing, defense counsel pointed to several unresolved factual disputes regarding Marmolejo’s level of participation in the attempted drug deal. The district court made no findings of fact to resolve the disputes. Instead, the court implied several times that adjournment would not be granted since the defendant was running a drug business while incarcerated at the Metropolitan Correctional Center:

One of the problems that we continually face is a recognition that in the real world in which we live, the fact that the defendant may be incarcerated does not necessarily mean that they stop their illegal activities particularly when we are dealing with defendants who are involved with narcotics....
The fact is the Metropolitan Corrections Center in New York is the hub of these activities and the defendants will pay large amounts to their attorneys to stay there so that they are not shipped out....
This is another chance to have this man perhaps run his business from the MCC.

Marmolejo Sentencing Transcript at 2-3, 10. The court also incorrectly referred to Marmolejo as an illegal alien. Id. at 10. The district court accepted the presentence report over defense counsel’s objections and sentenced Marmolejo to 78 months of imprisonment, the maximum within the guideline range.

Both defendants now appeal their sentences pursuant to 18 U.S.C. § 3742(a).

[*639] DISCUSSION

An examination of the legislative history of the Act demonstrates that among Congress’ primary intentions was the elimination of “unwarranted sentencing disparity” in the federal courts. S.Rep. No. 225, 98th Cong., 2d Sess. 52, reprinted in 1984 U.S. Code Cong. & Admin.News 3182, 3235 (“Senate Report ”). The “Introduction” to the Guidelines Manual states one of the basic objectives of the Act: “Congress sought uniformity in sentencing by narrowing the wide disparity in sentences imposed by different federal courts for similar criminal conduct by similar offenders.” Guidelines Manual, at 1.2 (emphasis in original). With this basic objective of the Act in mind, we now turn to each defendant’s claim.

I.

Defendant-appellant Palta argues that the district court abused its discretion by imposing an unreasonable sentence of imprisonment in excess of the maximum term recommended pursuant to the sentencing guidelines. The Act provides that the district court shall impose sentence within the applicable sentencing range recommended pursuant to the guidelines “unless the court finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines.” 18 U.S.C. § 3553(b). Consistent with this approach, we have recently held that a district court is granted “wide discretion” in determining what aggravating or mitigating circumstances to consider when deciding upon an upward departure from the guidelines. United States v. Sturgis, 869 F.2d 54, 56 (2d Cir.1989); United States v. Correa-Vargas, 860 F.2d 35, 37 (2d Cir.1988). We have also held that on appellate review of a district court’s upward departure from the guidelines, the ultimate question is whether the sentence is reasonable. See Correa-Vargas, 860 F.2d at 36-37. See also 18 U.S.C. § 3742(e)(3).

In light of the standard of appellate review that an upward departure be reasonable, we allow “sensible flexibility to district courts in sentencing under the Act. Sturgis, 869 F.2d at 57; accord, United States v. Guerrero, 863 F.2d 245, 250-51 (2d Cir.1988); Correa-Vargas, 860 F.2d at 40. Thus, the question before us on this appeal is whether the district court’s exercise of discretion in deciding upon an upward departure reflected sensible flexibility and resulted in a reasonable sentence. We conclude that it did not.

A search of the record in this case reveals that the district court apparently thought an upward departure was justified on the grounds that Palta's attempt to conceal his identity amounted to an aggravating or mitigating circumstance not considered in the formulation of the guidelines. The district court, in fact, stated that: “This is a case where the guidelines don’t apply.” Palta Sentencing Transcript at 5. To the contrary, the Sentencing Commission specifically formulated a provision that contemplates a defendant’s impeding or obstructing the administration of justice. See Guidelines Manual § 3C1.1. When the probation department prepared Palta’s second presentence report, it expressly relied on this provision to account for Palta’s attempt to shield his true identity. Accordingly, Palta’s base level offense was increased by two levels. In addition, the second presentence report accounted for Palta’s prior conviction and parole violation and raised his criminal history category from I to III. Consequently, Palta’s second report represented a substantial increase with a recommendation of 121 to 151 months imprisonment.

Despite the fact that Palta’s misconduct was accurately accounted for pursuant to the guidelines, it would have been within the discretion of the district court to find that an upward departure was nonetheless warranted. The departure provision contained in 18 U.S.C. § 3553(b) was revised to read “an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration.” See Statement by President Ronald Reagan Upon Signing S. 1822, reprinted in 1987 U.S. Code Cong. & Admin.News 2135, 2136[*640] (emphasis added). Section 5K2.0 of the Guidelines Manual elucidates the policy behind the departure provision. The section provides that a court may depart even though the Sentencing Commission in formulating the guidelines has considered and listed a particular kind of misconduct. A district court's decision to depart will be warranted “if the court determines that, in light of unusual circumstances,, the guideline level attached to that factor is inadequate.” Id. Thus, where the guidelines take into consideration a specific form of misconduct, departure will be warranted only if the district court finds that “unusual circumstances” in a particular case warrant an upward departure from the pertinent guideline provision. See Correa-Vargas, 860 F.2d at 37-38.

Beyond stating that Palta “played” with the criminal justice system, the district court proffered no indication as to what unusual circumstances in this case rendered the two-level increase formulated in section 3C1.1 inadequate. Although an upward departure may be warranted pursuant to the departure provision of 18 U.S.C. § 3553(b), the district court has failed to state any sufficient reason for a departure. We have recently held that, “a sentencing judge must articulate the grounds for any departure.” United States v. Cervantes, 878 F.2d 50 (2d Cir.1989). In the absence of such a finding, the court’s rejection of the guidelines and imposition of two concurrent 25 year terms of imprisonment seems to us patently unreasonable and therefore a clear abuse of discretion. The sentence imposed by the district court lacks any import of “sensible flexibility.” Moreover, by disregarding the guidelines without sufficient reason, the district court’s action belies the Act’s basic goal of eliminating unwarranted sentencing disparity in the federal courts.

Palta argues further that the district court was in error to depart from the guidelines without affording him notice of the intended departure and an opportunity to be heard. Adequate notice and the opportunity to contest an upward departure from the guidelines are indispensable to sentencing uniformity and fairness. See Cervantes, 878 F.2d at 56. See also Fed.R. Crim.P. 32(a)(1). In the present case, Palta had neither any prior notice of the court’s intention to depart nor an opportunity to be heard as to why an upward departure was unwarranted.

Accordingly, we vacate the sentence imposed on Palta and remand for a new sentence. On remand, if the district court, having afforded the defendant an opportunity to be heard, determines an upward departure warranted, the court should clearly indicate the factual basis for the departure and impose a reasonable sentence.

II.

Defendant-appellant Marmolejo contends that the district court improperly failed to rule on objections to his presentence report and to make factual findings with regard to his objections. On the ground that the alleged factual errors ultimately led to an inaccurate sentencing recommendation, the defendant also contends that the district court was in error not to depart downward.

The Act requires the preparation of a presentence report under the auspices of the United States Probation Office pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure. 18 U.S.C. § 3552(a). The presentence report recommends a sentencing range to the district court based on the guidelines applicable to the defendant’s case. Consistent with the Act’s goal of ending disparity in sentencing, it is essential that “presentence reports contain the information necessary to make an appropriate sentencing decision in the new sentencing guidelines system.” See Senate Report at 3254. Thus, an accurate presen-tence report is crucial both to ensure the fairness of an individual defendant’s sentence and to enhance the overall goal of uniformity in sentencing.

The Guidelines Manual states 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[*641] court regarding that factor.” § 6A1.3(a). In the commentary to this provision the Sentencing Commission specifies:

The court’s resolution of disputed sentencing factors will usually have a measurable effect on the applicable punishment. ... When a reasonable dispute exists about any factor important to the sentencing determination, the court must ensure that the parties have an adequate opportunity to present relevant information.

Guidelines Manual § 6A1.3, commentary at 6.2 (emphasis added). The commentary continues that while an evidentiary hearing will sometimes be necessary to resolve disputed issues, written statements of counsel or affidavits of witnesses will sometimes suffice. Guidelines Manual § 6A1.3, commentary at 6.2. “The sentencing court must determine the appropriate procedure in light of the nature of the dispute, its relevance to the sentencing determination, and applicable case law.” Id. After providing a procedure that affords parties the opportunity to be heard adequately, the court shall clearly state its resolution of any disputed factors predicated upon its findings. See United States v. Burch, 873 F.2d 765, 767 (5th Cir.1989). Failure to do so stymies appropriate appellate review pursuant to 18 U.S.C. § 3742.

Both by letter and at Marmolejo’s sentencing hearing, defense counsel raised several significant disputed sentencing factors. Specifically, counsel argued that Marmolejo had a “minimal” rather than “minor” role in the criminal activity. See Guidelines Manual § 3B1.2. Defense counsel further argued that the gun found underneath the driver’s seat in Palta’s car was improperly factored in calculating Marmolejo’s presentence report. See id. § 2D1.1(b)(1). Finally, defense counsel contended that Marmolejo’s offered cooperation in the government’s case against Pal-ta was not given adequate consideration in preparing the report. See id. § 5K1.1. Counsel requested that the court grant an adjournment so that the probation department would have time to reconsider these factors. While noting that several adjournments of Marmolejo’s sentencing hearing had previously been granted, and implying that the defendant was running a drug business from jail, the court refused the request. In view of the serious sentencing factors at issue, we think that some brief adjournment would have been appropriate. In addition, we see nothing in the record to support the allegation of involvement in the drug trade. Accordingly, we conclude that the district court improperly failed to afford the parties an adequate opportunity to be heard on these issues by some appropriate means.

The resolution of these issues has a direct relation to the sentencing range as calculated by the probation department in the presentence report. As the court sentenced Marmolejo to the maximum under the recommended range of 63 to 78 months, the resolution of the disputed sentencing factors may result in the imposition of a lesser sentence. Thus, we vacate the sentence imposed and remand to the district court for resolution of factual disputes, upon which basis, if necessary, the defendant’s sentence should be correspondingly adjusted.

Finally, we need not now consider the defendant’s contention that the district court abused its discretion by not departing downward from the range recommended. We have recently held that the decision to depart downward “is a matter within the sound discretion of the sentencing judge.” United States v. Paulino, 873 F.2d 23, 25 (2d Cir.1989). Therefore, we leave it to the discretion of the district court to determine whether a departure from the guidelines is appropriate after making the necessary findings.

CONCLUSION

For all of the foregoing reasons, we vacate the sentences imposed on both defendants and remand to the district court for further proceedings and sentencing consistent with this opinion.