What is the test for a defendant to argue that a district court erred in departing from the guideline range?
MultiRegion, United States of America
The following excerpt is from U.S. v. Andonian, 29 F.3d 634 (9th Cir. 1994):
Defendants argue that the district court erred in departing upward from the guideline range. We review district court's decision to depart from the guidelines under a three-part test established in United States v. Lira-Barraza, 941 F.2d 745, 746-47 (9th Cir.1991) (en banc); United States v. Cruz-Ventura, 979 F.2d 146, 148 (9th Cir.1992).
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