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U.S. v. GARCIA-GARCIA

No. 90-50100.

927 F.2d 489 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Fernando GARCIA-GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1991.

Attorney(s) appearing for the Case

Victor M. Torres, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Kimberly D. Allan, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before ALARCON, HALL and RYMER, Circuit Judges.

PER CURIAM:

This case requires us to decide whether an appealable issue is presented when a district court declines to depart downward from the applicable sentencing guideline range, but makes no finding that it has authority to do so if it wished.

Jose Fernando Garcia-Garcia appeals his sentence, imposed under the United States Sentencing Guidelines and within the applicable guideline range, following his conviction by guilty plea for possession of a controlled...

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