Topic: a discretionary refusal to depart downward is not reviewabl… · Go Syfert
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Topic #12907

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 FlagCanonical passage Citers
1 United States v. Douglass Nelson Anchor
ca10 · 1995
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
ca10 · 1995
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
ca10 · 1994
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.

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