What is the appealable issue when a district judge fails to depart downward from the applicable sentencing guideline range without comment on its authority?
MultiRegion, United States of America
The following excerpt is from U.S. v. Borkowski, 97 F.3d 1461 (9th Cir. 1996):
No appealable issue is presented when a district judge fails to depart downward from the applicable sentencing guideline range without comment on its authority to do so. United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991). Therefore, this court declines to review the district court's decision not to grant the downward departure 2.
IV. Downward Departure: AIDS
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