December 9, 2013
- 110 Criminal Law
- 110XXIV Review
- 110XXIV(C) Decisions Reviewable
- 110k1021 Decisions Reviewable
- 110k1023 Appealable Judgments and Orders
- 110k1023(11) k. Requisites and Sufficiency of Judgment or Sentence.
District court’s decision not to depart from Sentencing Guidelines based upon economic hardship that defendant’s imprisonment would cause to innocent third parties, including his family and employees of his lutefisk business, was based upon proper exercise of discretion, rather than any misapprehension of authority to depart, and thus was not reviewable.
United States v. Field, 110 F.3d 587 (8th Cir. 1997)