Narrative Opinion Summary
Esther Benita Kahut appeals her sentence for possession with intent to distribute methamphetamine, arguing that the district court incorrectly declined to grant an additional two-level downward departure beyond the four-level reduction already provided due to her poor physical health. The court ruled that it lacks jurisdiction to review the district court's discretion regarding the extent of downward departures, referencing United States v. Vizcarra-Angulo, 904 F.2d 22, 23 (9th Cir. 1990). As a result, the appeal is dismissed. This memorandum is not intended for publication and cannot be cited in court except as allowed by Ninth Circuit Rule 36-3.
Legal Issues Addressed
Appellate Jurisdiction over Sentencing Departuressubscribe to see similar legal issues
Application: The appellate court determined that it does not have jurisdiction to review the district court's discretionary decision on the extent of downward departures in sentencing.
Reasoning: The court ruled that it lacks jurisdiction to review the district court's discretion regarding the extent of downward departures, referencing United States v. Vizcarra-Angulo, 904 F.2d 22, 23 (9th Cir. 1990).
Non-Publication and Citation of Memorandasubscribe to see similar legal issues
Application: The memorandum from this case is not intended for publication and is restricted from being cited in court, adhering to specific circuit rules.
Reasoning: This memorandum is not intended for publication and cannot be cited in court except as allowed by Ninth Circuit Rule 36-3.