U.S. v. MORALES

No. 89-10168.

898 F.2d 99 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Lucio MORALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 5, 1990.


Attorney(s) appearing for the Case

John F. Garland, Fresno, Cal., for defendant-appellant.

David F. Levi, U.S. Atty., and Arthur A. Liberty, II, Sp. Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before ALDISERT, TANG and SKOPIL, Circuit Judges.


SKOPIL, Circuit Judge:

This is an appeal from a sentence imposed under the Sentencing Reform Act of 1984 and the sentencing guidelines issued pursuant to 28 U.S.C. § 994 (Supp. V 1987). We are asked to determine whether the district court erred by refusing to depart downward from the applicable guideline range. We conclude that the district court's discretionary refusal to depart downward from the sentencing guidelines is not subject to review on appeal. Accordingly...

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