What are the implications of a federal court's interpretation and application of the sentencing guidelines de novo?

MultiRegion, United States of America

The following excerpt is from U.S. v. Martinez-Davila, 116 F.3d 1487 (9th Cir. 1997):

We review the district court's interpretation and application of the sentencing guidelines de novo. See United States v. Shrestha, 86 F.3d 935, 938 (9th Cir.1996). We review for clear error the district court's determination whether a defendant is eligible for relief under section 5C1.2. See id.

Section 5C1.2 provides that the district court "can-indeed must-depart from the mandatory minimum sentence" if the defendant meets the statute's five criteria. See United States v. Sherpa, 110 F.3d 656, 660 (9th Cir.1997); 18 U.S.C. 3553(f) (1996). Furthermore, "[t]he district court ... must provide reasons for agreeing or refusing to apply section 5C1.2 at the time of sentencing." United States v. Real-Hernandez, 90 F.3d 356, 360 (9th Cir.1996).

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