The following excerpt is from U.S. v. Jones, 990 F.2d 1263 (9th Cir. 1993):
We must first determine whether this court has jurisdiction to review the decision of the sentencing judge not to depart downward from the guideline range. When in the exercise of its discretion a district court denies a request to depart downward from the guideline range, this court does not have jurisdiction to review the district court's decision. 18 U.S.C. 3742; United States v. Morales, 898 F.2d 99, 102-03 (9th Cir.1990). Furthermore, when a district court says that it would not exercise its discretion and depart from the range even if it had the authority to do so, there is no jurisdiction to hear an appeal from that decision. United States v. Williams, 898 F.2d 1400, 1403 (9th Cir.1990).
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