United States v. Angela Ruiz

I concur fully in Judge Boochever’s majority opinion. I write separately only to respond to two points made by the dissent.

In making its argument that we lack appellate jurisdiction in this case, the dissent criticizes the majority for relying “primarily on cases dealing with substantial assistance departures.... ” The dissent mistakenly asserts that these cases are not relevant to our jurisdiction to hear this appeal. “Section 5K1.1 is different from other departures because a court generally may not order a downward departure under § 5K1.1 unless the prosecutor first moves for it. Most…