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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46379 Judges Walker, Kearse and Cabranes DEFENDANT APPEALED from a district court judgment convicting him of firearms and robbery-related offenses in violation of 18 USC ��922(i), 924(c), 2113 and 2312 and sentencing him without downward departure to minimize the difference between his sentence and that imposed on a codefendant who was not charged with violating �924(c). The U.S. Court of Appeals for the Second Circuit dismissed the appeal for lack of appellate jurisdiction, ruling that a district court’s exercise of its assumed discretion to deny a departure is not appealable. The court noted, however, that the district court erred in stating that it had authority to depart based on differences between the sentences applicable to the defendants, given that this disparity resulted from the plea-bargaining process and was not unconstitutional, further adding that this error was not the basis for the district court’s denial of defendant’s departure motion.

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