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3 canonical passages across 2 cases, quoted by 30 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Douglass Nelson.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | United States v. Douglass Nelson Anchor | green | “a discretionary refusal to depart downward is not reviewable by this court unless it appears from the record the sentencing court erroneously believed the guidelines did not permit a downward departure.” | 13 |
| 2 | United States v. Douglass Nelson | green | “if the record is ambiguous concerning the district court's awareness of its discretion to depart downward, we presume the court was aware of its authority.” | 11 |
| 3 | United States v. Steve Rodriguez | green | “the district courts have become more experienced in applying the guidelines and more familiar with their power to make discretionary departure decisions under the guidelines,” | 6 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.