Another intriguing student piece on Booker

I have lauded recently here student sentencing scholarship, and a new piece available through SSRN looks like an effective addition to the genre.  This piece, available here, is entitled “Enabling Self-Scrutiny to Balance Post-Booker Discretion: Resolving the Circuit Split in Favor of Notice Prior to Sua Sponte Imposition of a Non-Guidelines Sentence.”  Here is the abstract:

This paper 1) notices that Booker uprooted the statutory basis for the departure concept, suggesting that courts are at liberty to deviate from precedent rooted in the pre-Booker concept; 2) explains why Rule 32(i)(1)(C) as read by Burns v United States requires notice prior to sua sponte non-Guidelines sentences in those jurisdictions that require a distinct legal determination if a non-Guidelines sentence is warranted; and 3) discusses why such notice would be beneficial in other jurisdictions.