What is the test for a motion to dismiss a motion alleging that a particular circumstance does not constitute a permissible basis for departure?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cantu, 12 F.3d 1506 (9th Cir. 1993):
"We review de novo the district court's ruling that a particular circumstance does not constitute a permissible basis for departure." United States v. Morales, 972 F.2d 1007, 1010 (9th Cir.1992) (citing United States v. Lira-Barraza, 941 F.2d 745, 746
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