United States v. Jose Fernando Garcia-Garcia

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a court's silence regarding its discretion is not sufficient to indicate that the court in fact believed that it had none
• holding that a district court’s silence regarding its authority to depart does not provide a sufficient basis for appellate review
• holding that a sentence imposed was not in violation of the law under S 3742(a) when the district court said nothing about its discretion to depart and simply imposed the sentence without comment
• noting that the Government did not oppose the defendant’s request for departure on the ground that it lacked authority to entertain it and concluding that the court’s refusal to depart downward was discretionary
• stating that section 3553(c)(1) only requires a statement of reasons for imposing a sentence at a particular point within a guideline range, if that range exceeds 24 months

Source: CourtListener parenthetical corpus (CC0).