The following excerpt is from U.S. v. Huerta, 878 F.2d 89 (2nd Cir. 1989):
We note first that the statute does not permit the government to engage in "adjudication." To be sure, the decision whether to make a motion for departure affects whether a defendant will be eligible to be considered for a sentence below the prescribed range. The power to decide the motion and to pronounce the sentence, however, remain with the court. See United States v. Musser, 856 F.2d 1484, 1487 (11th Cir.1988) (the "only authority 'delegated' ... is the authority to move the district court for a reduction of sentence ... authority to actually reduce a sentence remains vested in the district court"), cert. denied, --- U.S. ----, 109 S.Ct. 1145, 103 L.Ed.2d 205 (1989).
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