What is the test for appeal against a sentence that is less than the statutory maximum?
MultiRegion, United States of America
The following excerpt is from U.S. v. Koach, 21 F.3d 1117 (9th Cir. 1994):
Koach's arguments fail because pre-Guidelines, the length of a sentence was committed to the "sound discretion of the district court" and is not appealable if it is below the statutory maximum. United States v. Khan, 993 F.2d 1368, 1378 (9th Cir.1993).
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