United States v. Torres-Acosta
This text of 190 F. App'x 537 (United States v. Torres-Acosta) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
The memorandum disposition filed on November 14, 2005 is amended to add the following numbered paragraph on page 3:
6. The record does not reflect that the district court was of the view that it lacked authority to grant a downward departure. In such a circumstance, we lack jurisdiction to review the denial of a downward departure. See United, States v. Govan, 152 F.3d 1088,1095 (9th Cir.1998).
With this amendment, Appellant’s petition for panel rehearing filed on December 9, 2005, is DENIED.
No further filings will be accepted in this case.
This order is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
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