Is a decision not to depart downward from the guidelines subject to review on appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hopkins, 12 F.3d 1109 (9th Cir. 1993):
"[A] district court's discretionary decision not to depart downward from the guidelines is not subject to review on appeal." United States v. Morales, 898 F.2d 99, 102-103 (9th Cir.1990). The issue is whether the district court thought that it had any discretion to depart downward in this case.
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