Does a federal judge have authority or authority to depart from the sentence of a defendant?

Here, the district court concluded, "I do not find that I have the authority [to depart] in this case, nor do I find facts which would lead me to believe I should depart." The district judge clearly indicated that, even if he had the authority to depart, there were no facts to justify departing downward. This latter finding constitutes a discretionary refusal to depart. It is sufficient to support the sentence, and we are without jurisdiction to review it. See United States v. Morales, 898 F.2d 99, 101

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