Can we review a district court's decision not to depart?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sechrest, 988 F.2d 125 (9th Cir. 1993):
We therefore cannot review the district court's decision not to depart. Morales, 898 F.2d at 103. Cf. United States v. Martin, 938 F.2d 162, 163 (9th Cir.1991) (review of decision not to depart proper because the district court's statement, " 'I'm not sure that even had I the power to depart downward I would do it,' " was indication that court believed it could not depart.)
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