Does the 9th Circuit have jurisdiction to review a discretionary decision not to depart downward?
MultiRegion, United States of America
The following excerpt is from U.S. v. Fernandez, 122 F.3d 1074 (9th Cir. 1997):
Fernandez's contention that we have jurisdiction to review the district court's discretionary decision not to depart downward lacks merit. See United States v. Morales, 898 F.2d 99, 101 (9th Cir.1990). We will not assume that the court's silence regarding its basis for its refusal to depart was an indication that the court believed it lacked the authority to depart. See United States v. Garcia-Garcia, 927 F.2d 489, 491 (9th Cir.1991) (per curiam)
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