A sentencing judge is not required to alert parties to the prospect of assessing a utilitarian discount for a guilty plea outside the range contended by the parties, where the judge has made only a neutral observation about the parties' positions and has given no indication of the proposed discount. The Bugmy principles regarding profound childhood deprivation require an evidentiary foundation and must be raised at the sentencing hearing; a sentencing judge is not to be criticised for not addressing a submission that was not made.
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