What is the test for "due deference" to a federal judge's conclusion that departure was not within his jurisdiction?
MultiRegion, United States of America
The following excerpt is from U.S. v. Petersen, 103 F.3d 143 (9th Cir. 1996):
In my view, the district judge's conclusion, that departure was not within his discretion, should be understood as an application of guidelines law to the facts of the particular case before him. We are to give "due deference to the district court's application of the guidelines to the facts." Koon v. United States, 116 S.Ct. 2035, 2046 (1996).
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