The following excerpt is from United States v. Stitsky, No. 10-2767-cr(L), No. 10-4426-cr(Con) (2nd Cir. 2013):
a high sentencing range, . . . permits a sentencing judge to make a downward departure." United States v. Lauersen, 348 F.3d 329, 344 (2d Cir. 2003) (citation omitted). The denial of such a departure, however, is "generally not appealable," absent "clear evidence" that the "sentencing court misapprehended the scope of its authority to depart or the sentence was otherwise illegal." United States v. Stinson, 465 F.3d 113, 114 (2d Cir. 2006) (internal quotation marks omitted).
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