Does a District Judge have authority to depart from the Guidelines?

Since the District Judge clearly stated on the record that he understood his authority to depart from the Guidelines and chose not to exercise it, his decision not to depart is not reviewable. United States v. Harris, 38 F.3d 95, 97 (2d Cir.1994), cert. denied, 115 S.Ct. 1269 (1995). Furthermore, a defendant who has knowingly entered into a plea agreement waiving the right to appeal a sentence within the Guideline range may not take the benefits of the plea agreement and still appeal the sentence. United States v. Harris, 66 F.3d 431, 436-37 (2d Cir.1995).