District court's discretionary decision to deny motion for downward sentencing departure is not reviewable on appeal
SENTENCING United States v. Fonseca, No. 05-1407 ___ F.3d ___ (10th Cir. Jan. 11, 2007)(Colorado). Appeal of sentence for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(B)(viii). HELD: Even after United States v. Booker, court of appeals has no jurisdiction to review district court’s discretionary decision to deny motion for downward sentencing departure unless district court unambiguously states it did not have discretion to grant departure. Read the opinion here. |
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