Is a discretionary refusal to depart downward subject to appellate review?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lefebvre, 108 F.3d 1387 (9th Cir. 1997):
A discretionary refusal to depart downward is not subject to appellate review. United States v. Mejia, 953 F.2d 461, 464 (9th Cir.1991) (as amended). If the trial court indicates, however, that it did not have the discretion under the Guidelines to depart, that determination is reviewed de novo. United States v. Brownstein, 79 F.3d 121, 122 (9th Cir.1996).
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