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No. 8622990
United States Court of Appeals for the Ninth Circuit
United States v. Torres-Acosta
No. 8622990 · Decided June 22, 2006
No. 8622990·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 22, 2006
Citation
No. 8622990
Disposition
See opinion text.
Full 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.
Plain English Summary
ORDER * The memorandum disposition filed on November 14, 2005 is amended to add the following numbered paragraph on page 3: 6.
Key Points
01ORDER * The memorandum disposition filed on November 14, 2005 is amended to add the following numbered paragraph on page 3: 6.
02The record does not reflect that the district court was of the view that it lacked authority to grant a downward departure.
03In such a circumstance, we lack jurisdiction to review the denial of a downward departure.
04With this amendment, Appellant’s petition for panel rehearing filed on December 9, 2005, is DENIED.
Frequently Asked Questions
ORDER * The memorandum disposition filed on November 14, 2005 is amended to add the following numbered paragraph on page 3: 6.
FlawCheck shows no negative treatment for United States v. Torres-Acosta in the current circuit citation data.
This case was decided on June 22, 2006.
Use the citation No. 8622990 and verify it against the official reporter before filing.