United States v. Chase, 174 F.3d 1193 (11th Cir. 1999). · Go Syfert
United States v. Chase, 174 F.3d 1193 (11th Cir. 1999). Cases Citing This Book View Copy Cite
82 citation events (71 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Kirby Baronville (ca11, 2020-01-21)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (quoted) United States v. Kirby Baronville
11th Cir. · 2020 · signal: cf. · quote attribution · 1 verbatim quote · confidence low
when nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward.
cited Cited as authority (rule) United States v. Johnathan Lee Brown
11th Cir. · 2022 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999).
discussed Cited as authority (rule) United States v. Christopher Daniel Stines (2×) also: Cited "see"
11th Cir. · 2022 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999).
discussed Cited as authority (rule) United States v. Christopher Daniel Stines (2×) also: Cited "see"
11th Cir. · 2022 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999).
discussed Cited as authority (rule) United States v. Edwar Rodriguez
11th Cir. · 2022 · confidence medium
We do not require a district court to expressly say whether it believes it has the authority to grant a departure; in- stead, “when nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart down- ward.” United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999).
discussed Cited as authority (rule) United States v. Jacques Jeanty
11th Cir. · 2021 · confidence medium
We have further explained that “when nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward.” Id. (quoting United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999)).
cited Cited as authority (rule) United States v. Kenneth Eugene Thomas, Jr.
11th Cir. · 2020 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999).
discussed Cited as authority (rule) United States v. Gorge Antonio Vargas
11th Cir. · 2019 · confidence medium
And “when nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward.” Id. (quoting United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999)).
cited Cited as authority (rule) United States v. Galdina Perez-Pineda
11th Cir. · 2017 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999).
discussed Cited as authority (rule) United States v. Heath J. Kellogg
11th Cir. · 2014 · confidence medium
United States v. Norris, 452 F.3d 1275, 1282 (11th Cir.2006) (“This Court lacks jurisdiction to review a district court’s discretionary refusal to grant a downward departure, unless the district court incorrectly believed that it lacked the statutory authority to depart from the guideline range.”); United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
cited Cited as authority (rule) United States v. Jamaal Singleton
11th Cir. · 2014 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
cited Cited as authority (rule) United States v. Karriem Yusef Butler
11th Cir. · 2010 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999).
discussed Cited as authority (rule) United States v. Jose Garcia-Ortega
11th Cir. · 2010 · confidence medium
“We lack jurisdiction to review a sentencing court’s refusal to depart downward *945 when the decision is based on the court’s discretionary authority.” United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
cited Cited as authority (rule) United States v. Christopher Leon Coney
11th Cir. · 2009 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Cecil Levon Grider
11th Cir. · 2009 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999). 2 In this case, the court correctly determined Grider’s Guideline range, and we see no indication in the record that the court mistakenly believed that it lacked the authority to depart downward.
discussed Cited as authority (rule) United States v. Stone
11th Cir. · 2009 · confidence medium
Instead, “ ‘when nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward.’” Id. (quoting United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999)).
discussed Cited as authority (rule) United States v. Jeffrey Haywood Shore
11th Cir. · 2009 · confidence medium
Instead, “ ‘when nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward.’ ” Id. (quoting United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999)).
cited Cited as authority (rule) United States v. Carlos Lundy
11th Cir. · 2009 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999) (citations omitted).
discussed Cited as authority (rule) United States v. Marc Anthony Adams
11th Cir. · 2008 · confidence medium
We have explained that, “when nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward.” United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
cited Cited as authority (rule) United States v. Delvin Bernard Flowers
11th Cir. · 2008 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Sergio Rene Dominguez Chacon
11th Cir. · 2007 · confidence medium
United States v. Pressley, 3 45 F.3d 1205, 1209 (11th Cir.2003). “[W]hen nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward.” United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
cited Cited as authority (rule) United States v. Gerald Severance
11th Cir. · 2006 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Raul Antonio Guzman-Dearco
11th Cir. · 2006 · confidence medium
Absent specific cause to suspect otherwise, “we assume” that “the sentencing court understood it had authority to depart downward.” United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999). *737 Here, the record contains nothing to indicate or suggest that the district court misapprehended its authority to depart downward.
cited Cited as authority (rule) United States v. Francisco Tiu
11th Cir. · 2006 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Tracey Dudley
11th Cir. · 2006 · confidence medium
Instead, we have held that “when nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward.” United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Gregory C. Waugh
11th Cir. · 2006 · confidence medium
Instead, we have held that “when nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward.” United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Ana Garcia (2×) also: Cited "see"
11th Cir. · 2006 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999). “[WJhen nothing in the record indicates otherwise, [we] assume the sentencing court understood it had authority to depart downward.” Chase, 174 F.3d at 1195 ; see United States v. Winingear, 422 F.3d 1241, 1245 (11th Cir.2005) (“After Booker, 1 our review of decisions regarding downward departures remains limited”).
discussed Cited as authority (rule) United States v. Carmelo Miranda Villalobos (2×) also: Cited "see, e.g."
11th Cir. · 2005 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Randall J. Coyle
11th Cir. · 2005 · confidence medium
This Court “lack[s] jurisdiction [pursuant to 18 U.S.C. § 3742 (a) ] to review a sentencing court’s refusal to depart downward when the decision is based on the court’s discretionary authority.” United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Jose Rivas Ruiz (2×) also: Cited "see"
11th Cir. · 2005 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
cited Cited as authority (rule) United States v. Carlos Gonzalez-Barajas
11th Cir. · 2005 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Kornegay
1st Cir. · 2005 · confidence medium
See United States v. Lujan, 324 F.3d 27, 32 (1st Cir.2003); see also United States v. Scott, 387 F.3d 139, 143 (2d Cir.2004); United States v. Williams, 355 F.3d 893, 901 (6th Cir.2003); United States v. Heredia-Cruz, 328 F.3d 1283, 1289-90 (10th Cir.2003); United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Angel Moreno (2×) also: Cited "see"
11th Cir. · 2005 · confidence medium
“We lack jurisdiction to review a sentencing court’s refusal to depart downward when the decision is based on the court’s discretionary authority.” United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Stoney Lester (2×) also: Cited "see"
11th Cir. · 2005 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Lester (2×) also: Cited "see"
11th Cir. · 2005 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
cited Cited as authority (rule) United States v. Chad O. Felderman
8th Cir. · 2003 · signal: cf. · confidence medium
Cf. United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
cited Cited as authority (rule) United States v. Elmore Roy Anderson
11th Cir. · 2003 · confidence medium
United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited as authority (rule) United States v. Christian A. Hansen
11th Cir. · 2001 · confidence medium
If there is no indication that the district court misapprehended its authority, “we assume that the sentencing court understood it had authority to depart downward.” United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited "see" United States v. Armando Valencia (2×)
11th Cir. · 2014 · signal: see · confidence high
See United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited "see" United States v. Bobby Ray Smart (2×)
11th Cir. · 2005 · signal: see · confidence high
See United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited "see" United States v. Micah Rudisill, Tim Hall Rudisill, A.K.A. Timothy Rudisill (2×)
11th Cir. · 1999 · signal: see · confidence high
See United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited "see" United States v. Rudisill (2×)
11th Cir. · 1999 · signal: see · confidence high
See United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999).
discussed Cited "see" United States v. Rudisill (2×)
11th Cir. · 1999 · signal: see · confidence high
See United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999).
discussed Cited "see" United States v. Wilson
11th Cir. · 1999 · signal: see · confidence high
See United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999) (stating that this court has jurisdiction to review a district court’s holding that it lacks discretionary authority to depart downward).
discussed Cited "see" United States v. Wilson (2×)
11th Cir. · 1999 · signal: see · confidence high
See United States v. Chase, 174 F.3d 1193, 1195 (11th Cir.1999) (stating that this court has jurisdiction to review a district court’s holding that it lacks discretionary authority to depart downward).
discussed Cited "see, e.g." United States v. Jason Corey Goodman
11th Cir. · 2020 · signal: see also · confidence medium
See Pressley, 345 F.3d at 1209 ; see also United States v. Dudley, 463 F.3d 1221, 1228 (11th Cir. 2006) (quoting United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999)) (“[W]hen nothing in the record indicates otherwise, we assume that the [district court] understood it had authority to depart downward”).
discussed Cited "see, e.g." United States v. Leby Humberto Lame-Avila
11th Cir. · 2006 · signal: see also · confidence medium
United States v. Pressley, 345 F.3d 1205, 1209 (11th Cir.2003); see also United States v. Winingear, 422 F.3d 1241, 1245 (11th Cir.2005) (reaffirming this rule following Booker). “[W]hen nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward.” United States v. Chase, 174 F.3d 1193,1195 (11th Cir.1999).
discussed Cited "see, e.g." In Re Sealed Case No. 98-3116 (2×)
D.C. Cir. · 1999 · signal: see also · confidence medium
Cir. 1996);see also United States v. Chase, 174 F.3d 1193, 1195 (11th Cir. 1999).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Stephen CHASE, Defendant-Appellant
98-4926.
Court of Appeals for the Eleventh Circuit.
May 5, 1999.
174 F.3d 1193
1999 U.S. App. LEXIS 8613
1999 WL 274253
Jeffrey Stuart Weiner, Miami, FL, for Defendant-Appellant., Adalberto Jordan, Troy D. Ferguson, Miami, FL, for Plaintiff-Appellee.
Tjoflat, Edmondson, Black.
Cited by 50 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #39,950 of 633,719
Citer courts: Eleventh Circuit (1) · District of Columbia (1)
BLACK, Circuit Judge:

Appellant Stephen Chase appeals his sentence for possession of an unregistered firearm, in violation of 26 U.S.C. §§ 5861(d), 5871. Appellant asserts the district court erred in calculating his sentence by refusing to depart downward. We hold we lack jurisdiction to review the district court’s discretionary decision not to depart downward.

I. BACKGROUND

Prior to sentencing in this case, Appellant asserted the following five grounds for downward departure: (1) Appellant possessed weapons to avoid a greater perceived harm; (2) Appellant’s conduct was aberrant; (3) Appellant’s old age and weak physical condition warrant probation; (4) Appellant would lose his professional teaching license as a result of his conviction; and (5) the totality of the circumstances place this case outside the heartland of Sentencing Guidelines cases.

At sentencing, Appellant presented witnesses and asked the court to exercise its “great discretion” to depart downward. The district court refused, stating:

I’ve heard your evidence. I have considered your arguments. I’ve looked at each one of the bases for a downward departure to see if it is justified either[*1195] under the [Guideline provisions as well as under the case law interpreting those provisions. The departure on the basis of lesser harms would not support the downward departure. The departure based on aberrant behavior is not supported by the [Guideline provisions or the Eleventh Circuit authority interpreting that provision.
Likewise with respect to departure based on age and physical condition. Again, as to departure based on loss of privilege to teach exceptional children and finally with respect to departure based on exceptional community service. Consequently, I deny the motion for downward departure.... Taking all of them into consideration, collectively, they would not warrant a downward departure.

II. DISCUSSION

We lack jurisdiction to review a sentencing court’s refusal to depart downward when the decision is based on the court’s discretionary authority. United States v. Sanchez-Valencia, 148 F.3d 1273, 1274 (11th Cir.1998). We do, however, have jurisdiction if the sentencing court erroneously believes it lacks discretionary authority to depart downward. Id. The basis for the sentencing court’s denial of a departure therefore has important consequences for our ability to review a refusal to depart.

Appellant contends the district court believed it had no authority to depart downward because the court did not provide findings of fact, discuss the application of the Guidelines to those facts, or state whether this case is atypical and outside the heartland of sentencing cases. In the alternative, he argues we should infer the district court believed it lacked discretionary authority to depart downward because the basis for its refusal is ambiguous.

We join the other Circuits that have addressed this issue in holding that when nothing in the record indicates otherwise, we assume the sentencing court understood it had authority to depart downward. [1] See United States v. Rowen, 73 F.3d 1061, 1063 (10th Cir.1996); United States v. Byrd, 53 F.3d 144, 145 (6th Cir.1995); United States v. Hurtado, 47 F.3d 577, 585 (2d Cir.1995); United States v. Pinnick, 47 F.3d 434, 439-40 (D.C.Cir.1995); United States v. Helton, 975 F.2d 430, 434 (7th Cir.1992); United States v. Bailey, 975 F.2d 1028, 1035 (4th Cir.1992); United States v. Georgiadis, 933 F.2d 1219, 1222 (3d Cir.1991); United States v. Garcia-Garcia, 927 F.2d 489, 490-91 (9th Cir.1991).

Here, there is no indication the district court misapprehended its authority to depart downward and no party argued the court lacked authority to depart. The court did not express any ambivalence regarding its authority to depart and the evidence does not otherwise reflect the district court misapprehended its authority. Cf. United States v. Webb, 139 F.3d 1390, 1394-1395 (11th Cir.1998) (holding the district court misapprehended its authority where evidence strongly suggested court’s ambivalence regarding its authority). We therefore assume the district court understood it had authority to depart downward and simply decided not to exercise its discretionary authority. Accordingly, we do not have jurisdiction to review the district court’s decision.

AFFIRMED.

1

. Our review is, of course, facilitated when the sentencing court states on the record whether it exercised its discretion not to depart downward. See Sanchez-Valencia, 148 F.3d at 1274. Nonetheless, as long as there is no indication the sentencing court misapprehended its authority, we will assume the sentencing court understood it had authority to depart downward.