Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines?
MultiRegion, United States of America
The following excerpt is from U.S. v. Watson, 43 F.3d 1480 (9th Cir. 1994):
So long as the sentencing court is aware of its authority to depart downward, this court lacks jurisdiction to review a district court's discretionary decision not to depart from the guidelines. United States v. Morales, 972 F.2d 1007, 1011 (9th Cir.1992), cert. denied, 113 S.Ct. 1665 (1993); see also United States v. Robinson, 958 F.2d 268, 272 (9th Cir.1992).
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