Can a court of appeals review a trial judge's decision not to depart downward?
MultiRegion, United States of America
The following excerpt is from U.S. v. Antunez-Antunez, 990 F.2d 1261 (9th Cir. 1993):
The court of appeals has no authority to review a trial judge's decision not to depart downward. United States v. Zweber, 913 F.2d 705, 707 (9th Cir.1990). However, if the district court refused to exercise its discretion because it believed it had none, that decision is reviewable. United States v. Cook, 938 F.2d 149, 152 (9th Cir.1991).
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