United States v. Michael Wayne Eaton (1994)
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United States v. William Weiland (2005)
Although a few Ninth Circuit opinions suggest that we lack jurisdiction to review a district court decision not to grant a downward adjustment for acceptance of responsibility under U.S.S.G. § 3E1.1, see, e.g., United States v. Bauer, 84 F.3d 1549, 1562 (9th Cir.1996); United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994), these opinions do not reflect the overwhelming weight of the case law in this circuit supporting our rule that we can review a decision not to adjust…
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United States v. Angela Ruiz (2001)
See United States v. Eaton, 31 F.3d 789, 793 (9th Cir. 1994) ("We have held that a court's failure to depart without any comment on its authority to do so does not automatically convert a discretionary departure into a sentence imposed in violation of law."); United States v. Garcia-Garcia, 927 F.2d 489, 491 (9th Cir. 1991) (holding that a sentence imposed was not in violation of the law under S 3742(a) when the district court said nothing about its discretion to depart and …
"We have held that a court's failure to depart without any comment on its authority to do so does not automatically convert a discretionary departure into a sentence imposed in violation of law."
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United States v. Weiland (2005)
Although a few Ninth Circuit opinions suggest that we lack jurisdiction to review a district court decision not to grant a downward adjustment for acceptance of responsibility under U.S.S.G. § 3E1.1, see, e.g., United States v. Bauer, 84 F.3d 1549, 1562 (9th Cir. 1996); United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir. 1994), these opinions do not reflect the overwhelming weight of the case law in this circuit supporting our rule that we can review a decision not to adju…
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United States v. Paul Frederick Laney (1999)
For example, "[i]f the district court rests its decision not to depart downward on a determination that it does not have the authority to do so, we treat that decision as an interpretation of the Sentencing Guidelines and review it de novo." United States v. Eaton, 31 F.3d 789, 793 (9th Cir. 1994). 20 Laney claims that the district court erred by following an incorrect process to arrive at the five-level departure, and that we therefore have jurisdiction over his appeal beca…
These statements could be interpreted as indications that the court understood its ability to depart, but simply chose not to exercise its discretion to do so. 20 We must remand to the district court if we "are unable to determine from the record whether the district court's ruling was an exercise of its discretion or a legal ruling." United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994) (quotation and citation omitted).
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United States v. Grigor Keshishian (1997)
Eaton, 31 F.3d at 794 ("[R]eversal is not necessary where the district court errs in construing its authority but indicates that it would not have departed downward even if it were not constrained.").
"[R]eversal is not necessary where the district court errs in construing its authority but indicates that it would not have departed downward even if it were not constrained."
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United States v. Jessie Lee Matthews, Jr. (1996)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994).
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United States v. Antwan E. Brown (1995)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994).
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United States v. Napoleon Tellio (1995)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir. 1994).
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United States v. Clyde A. Charles (1995)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994); United States v. Morales, 898 F.2d 99, 103 (9th Cir.1990).
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United States v. Jdt, Juvenile Male (2014)
United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994) (internal quotation marks omitted) (examining district court’s failure to expressly address an adult offender’s request for downward sentencing departure); see also United States v. Dickey, 924 F.2d 836, 839 (9th Cir.1991).
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United States v. Doney (2006)
See United States v. Laskie, 258 F.3d 1047, 1049 (9th Cir.2001); United States v. Eaton, 31 F.3d 789, 791 (9th Cir.1994).
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United States v. O'Dell (2004)
However, “[i]f the district court rests its decision not to depart downward on a determination that it does not have the authority to do so, we treat that decision as an interpretation of the Sentencing Guidelines and review it de novo.” United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994) (citation omitted).
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United States v. Conde (2002)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994).
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United States v. Veronica (2002)
“The district court’s discretionary refusal to depart from the Sentencing Guidelines is not reviewable on appeal.” United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994).
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United States v. Gonzalez (2001)
United States v. Lin Lyn Trading, Ltd., 149 F.3d 1112, 1116 (10th Cir.1998); United States v. Eaton, 31 F.3d 789, 791 (9th Cir.1994); Barnhill v. United States, 11 F.3d 1360, 1367 (7th Cir.1993).
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United States v. Gauvin (1999)
“The Sentencing Guidelines allow for a downward departure in the atypical case where a guideline literally applies but where the defendant’s conduct significantly differs from the norm or the ‘heartland’ of cases.” United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994).
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United States v. Walter R. Tucker, III (1998)
“The Sentencing Guidelines allow for a downward departure in the atypical case where a guideline literally applies but where the defendant’s conduct significantly differs from the norm or the ‘heartland’ of cases.” United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994) (citations omitted).
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United States v. P.S., a Juvenile Female (1997)
United States v. Eaton, 31 F.3d 789, 791 (9th Cir.1994).
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United States v. Fernando Lopez Landivar, AKA Carlos, United States of America v. Jesus Teofilo Tavizon, AKA … (1997)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994).
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97 Cal. Daily Op. Serv. 2119, 97 Cal. Daily Op. Serv. 2158, 97 Daily Journal D.A.R. 3914 United States of Ame… (1997)
United States v. Eaton, 31 F.3d 789, 791 (9th Cir.1994).
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United States v. Doe (1997)
United States v. Eaton, 31 F.3d 789, 791 (9th Cir.1994).
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United States v. Antonio Valle-Arellano (1997)
United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994).
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UNITED STATES of America, Plaintiff-Appellee, v. Carlos FLORES-URIBE, Defendant-Appellant (1997)
We are therefore satisfied that the court’s refusal to depart further than it did was discretionary, see United States v. Eaton, 31 F.3d 789, 794 (9th Cir.1994), and for this reason is unreviewable.
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UNITED STATES of America, Plaintiff-Appellee, v. Fidel Enrique RUELAS, Defendant-Appellant (1997)
A “district court’s discretionary refusal to depart from the Sentencing Guidelines is not reviewable on appeal.” United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994).
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97 Cal. Daily Op. Serv. 902, 97 Daily Journal D.A.R. 1323 United States of America, Plaintiff-Appellee-Cross-… (1997)
United States v. Ruelas, 96 F.3d 1324, 1328 (9th Cir.1996) (citing United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994)). 4 First, Lopez argues the district court refused to depart for post-offense rehabilitation because it believed it lacked the authority to do so.
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United States v. Lopez (1997)
United States v. Ruelas, 96 F.3d 1324, 1328 (9th Cir.1996) (citing United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994)).
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United States v. Paul Anthony Davis (1997)
United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994). 34 Section 5K2.13 gives the district court discretion to depart downward from a defendant's guidelines offense level "if the defendant committed a non-violent offense while suffering from significantly reduced mental capacity not resulting from voluntary use of drugs or other intoxicants." A section 5K2.13 downward departure has five requirements: 35 The defendant must have 1) committed a non-violent offense 2) while s…
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United States v. Jose Luis Escamilla-Hernandez (1996)
United States v. Eyler, 67 F.3d 1386 , 1390 n. 5 (9th Cir.1995); United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994).
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United States v. Sean Durant, United States of America v. Anibal Cardona-Hernandez, United States of America … (1996)
United States v. Ruelas, 96 F.3d 1324, 1328 (1996); United States v. Sablan, 92 F.3d 865, 870 (9th Cir.1996); United States v. Eyler, 67 F.3d 1386 , 1390 n. 5 (9th Cir.1995); United States v. Khaton, 40 F.3d 309, 311 (9th Cir.1994); United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994). 15 We affirm Ramirez's sentence.
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United States v. James Earl Smith (1996)
This court has consistently held that "a district court's discretionary decision not to depart downward from the guidelines is not subject to review on appeal." United States v. Morales, 898 F.2d 99, 103 (9th Cir.1990); see also, e.g., United States v. Pinto, 48 F.3d 384, 389 (9th Cir.), cert. denied, --- U.S. ----, 116 S.Ct. 125 (1995); United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994); United States v. Brown, 985 F.2d 478, 480 (9th Cir.1993); United States v. Sanchez…
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United States v. Alberto Gamez-Granillo (1996)
Given Gamez-Granillo's prior convictions, the discovery of cocaine on his person at arrest, and the planning involved in the alleged enterprise, we conclude his behavior did not differ significantly from the "heartland" of similar cases pursuant to United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994).
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United States v. Daniel Jay Ostin (1996)
United States v. Eaton, 31 F.3d. 789, 793 (9th Cir.1994); United States v. Dickey, 924 F.2d 836, 839 (9th Cir.), cert. denied, 502 U.S. 943 (1991). 7 REMANDED. * The panel unanimously finds this case suitable for decision without oral argument.
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UNITED STATES of America, Plaintiff-Appellee, v. Fidel Enrique RUELAS, Defendant-Appellant (1996)
A “district court’s discretionary refusal to depart from the Sentencing Guidelines is not reviewable on appeal.” United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994).
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United States v. John Wesley Helms (1996)
United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994).
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United States v. Herold Jackson (1996)
I don’t see why I should go beyond the 70 months.” 3 The Ninth Circuit has held that it will not review a refusal to depart downward based on an erroneous belief of lack of authority to do so if the judge unambiguously indicated that he would *339 refuse to do so anyway. 4 United States v. Eaton, 31 F.3d 789, 794 (9th Cir.1994); United States v. Belden, 957 F.2d 671, 676 (9th Cir.), cert. denied, 506 U.S. 882 , 113 S.Ct. 234 , 121 L.Ed.2d 169 (1992).
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UNITED STATES of America, Plaintiff-Appellee, v. Bernadette H. SABLAN, Defendant-Appellant (1996)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994); United States v. Morales, 972 F.2d 1007, 1011 (9th Cir.1992), cert. denied, 507 U.S. 1012 , 113 S.Ct. 1665 , 123 L.Ed.2d 283 (1993).
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994). 7 Accordingly, the sentence imposed by the district court is AFFIRMED. * This panel unanimously agrees that this case is appropriate for submission without oral argument.
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United States v. Billy T. Langston (1996)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994). 17 Langston challenges his sentence arguing that the court did not specifically address his objections.
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United States v. Bauer (1996)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994).
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United States v. Bauer (1996)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994).
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96 Cal. Daily Op. Serv. 756, 96 Daily Journal D.A.R. 1188 United States of America v. Lexi Michelle Bauer, Un… (1996)
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994).
United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994). 19 Hill also claims that the Guideline should not be applied to him at all because it does not cover his offense.
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United States v. Hernando Castro Cardenas (1995)
United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994) (citations omitted).
“For purposes of § 921(a)(20), only the convicting state jurisdiction can restore civil rights to a convicted felon and remove the disability of a predicate state offense.” United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994); see also Beecham v. United States, — U.S. -, 114 S.Ct. 1669, 1671 , 128 L.Ed.2d 383 (1994) (law of the convicting jurisdiction governs restoration of rights).
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United States v. Gail Harrison-Philpot (1995)
"The district court's discretionary refusal to depart from the Sentencing Guidelines is not reviewable on appeal." United States v. Eaton, 31 F.3d 789, 792 (9th Cir.1994).
See United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994).
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United States v. John Doe (1998)
See United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994).
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United States v. Pablo Rivera-Sanchez (2000)
See United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994) (holding that a circuit court has no jurisdiction to review a district court’s discretionary decision not to depart downward from the guidelines, but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart).
See United States v. Eaton, 31 F.3d 789, 791 (9th Cir.1994).