237 (2d Cir.2006); United States v. Davenport, 445 F.3d 366, 371 (4th Cir.2006); United States v. Cousins, 469 F.3d 572, 580 (6th Cir.2006); United States v. Evans-Martinez, 448 F.3d 1163, 1164 (9th Cir.2006); United States v. Atencio, 476 F.3d 1099, 1104 (10th Cir.2007). Four have concluded to the contrary. United States v. Vampire Nation, 451 F.3d 189, 195 (3d Cir.2006); United States v. Mejia-Huerta, 480 F.3d 713, 722 (5th Cir.2007), petition for cert. filed, 75 U.S.L.W. 3585 (Apr. 18, 2007) (No. 06-1381); United States v. Long Soldier, 431 F.3d 1120, 1122 (8th Cir. 2005); United States v. Irizarry, 458 F.3d 1208, 1212 (11th Cir.2006), cert. granted, — U.S. -, 128 S.Ct. 828, 169 L.Ed.2d 625 (2008) (No. 06-7517); see also United States v. Walker, 447 F.3d 999, 1006 (7th Cir.2006) (<HOLDING>). 2 . The government, which has an obvious
holding that rule 32hs notice requirement applies by its terms only to departures from a guidelines range recognizing that the applicant received notice from the plea form even though such notice was not required holding that burns notice requirements did not apply to adjustments which are more predictable than departures holding notice no longer required even for traditional departures holding that recklessness even for fiduciaries is no longer sufficient