What is the scope of the federal government's appeal against the federal district court's decision not to grant a motion to dismiss the motion?
MultiRegion, United States of America
The following excerpt is from U.S. v. King, 931 F.2d 898 (9th Cir. 1991):
We first address the government's contention that we lack jurisdiction to entertain this appeal. Although it is true that we will not entertain a district court's discretionary refusal to depart from the guidelines, see United States v. Morales, 898 F.2d 99, 101-02 (9th Cir.1990), this is not such a case. Here, the district court concluded that it lacked the legal authority to depart from the guidelines. Under these circumstances, appellate review may be had. Id. at 102 n. 2.
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