Is a federal judge's failure to depart downward from the sentencing guidelines reviewable on appeal?

MultiRegion, United States of America

The following excerpt is from U.S. v. Reyes-Alvarado, 963 F.2d 1184 (9th Cir. 1992):

Appellant challenges the district court's failure to depart downward from the sentencing guidelines. Although he acknowledges that a discretionary refusal to depart is not subject to review on appeal, he claims that this case is reviewable because the judge was erroneous in construing his authority to depart. Such cases are reviewable. United States v. Belden, 957 F.2d 671, 676 (9th Cir.1992). The interpretation of sentencing guidelines is reviewed de novo. United States v. Lawrence, 916 F.2d 553, 554 (9th Cir.1990).

Other Questions


When we review a federal court's interpretation of the sentencing guidelines, what is the effect of the federal sentencing guidelines? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
What is the appealable issue when a district judge fails to depart downward from the applicable sentencing guideline range without comment on its authority? (MultiRegion, United States of America)
In what circumstances will a sentencing judge impose a non-Guidelines sentence or Guidelines sentence? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
Is a failure of a sentencing judge to start the calculation of a sentence by considering the applicable sentencing Guidelines grounds for reversal for resentencing? (MultiRegion, United States of America)
What is our review of federal sentencing guidelines for federal criminal defendants? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.