U.S. v. MINUTOLI

No. 02-3108.

374 F.3d 236 (2004)

UNITED STATES of America v. Lisa Ann MINUTOLI, Appellant.

United States Court of Appeals, Third Circuit.

Filed July 8, 2004.


Attorney(s) appearing for the Case

Stanton D. Levenson, (Argued), Pittsburgh, PA, for Appellant.

Mary Beth Buchanan, United States Attorney, Office of the United States Attorney, Bonnie R. Schlueter, Michael L. Ivory, Kelly R. Labby, (Argued), Pittsburgh, PA, for Appellee.

Before RENDELL, BARRY, and FISHER, Circuit Judges.


BARRY, Circuit Judge.

We are called upon to decide whether we have jurisdiction to review a district court's discretionary refusal to downward depart from the applicable Sentencing Guideline range when that refusal is based in whole or in part on an alleged mistake of fact. The well-established precedent of this Court mandates the answer to this question, and the answer is a ringing "no."

I. INTRODUCTION

On August 29, 2001, a federal grand jury returned...

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