Can a federal district court's discretionary decision not to depart from the guidelines be reviewed on appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Omori, 107 F.3d 18 (9th Cir. 1996):
A district court's discretionary decision not to depart is not reviewable on appeal unless the decision resulted from a legal determination that the guidelines prevented departure. United States v. Brown, 985 F.2d 478, 480 (9th Cir.1993).
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