Littlehead

MEMORANDUM *

We reject Littlehead’s argument that the evidence was insufficient under Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979), in light of his *395 self-defense and defense of a third person theory. The number of stab wounds, the use of a knife and Littlehead’s subsequent statement to a friend that he “fucked up” when he “snapped” and “stabbed” the victim, sufficed as evidence for the jury to reject these theories.

We vacate Littlehead’s sentence because Federal Rule of Criminal Procedure 32(h) requires a district court to give “reasonable notice that it is contemplating ... a departure” from the applicable Sentencing Guidelines range “on a ground not identified for departure either in the presentence report or in a party’s prehearing submission.” See Burns v. United States, 501 U.S. 129 , 111 S.Ct. 2182 , 115 L.Ed.2d 123 (1991). The judge did not announce at the outset of the sentencing hearing that he was contemplating a departure. See United States v. Hernandez, 251 F.3d 1247 (9th Cir.2001). Nor did the judge otherwise notify the parties by a written notice or order prior to the sentencing hearing, that an upward departure might be imposed.…