The following excerpt is from U.S. v. Berger, 103 F.3d 67 (9th Cir. 1996):
"Because a sentencing court is not obligated to state its reasons for imposing a sentence within the guideline range, ... the court's silence regarding whether it had authority to depart is not sufficient indication that it believed that it lacked discretion to depart." United States v. Brown, 985 F.2d 478, 480 (9th Cir.1993).
[W]hen sentence [is] imposed without the court's stating in so many words, 'I recognize that I have authority to depart, but I decline to do so in the exercise of discretion'.. [and t]he court simply render[s] judgment, in the face of [the defendant's] request for departure, without comment ... we will assume that the district court knows and applies the law correctly, realizes that it does have authority to depart, but concludes that it would be inappropriate to do so on the facts of the particular case.
United States v. Garcia-Garcia, 927 F.2d 489, 491 (9th Cir.1991).
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