United States v. Jose Fernando Garcia-Garcia

This case requires us to decide whether an appealable issue is presented when a district court declines to depart downward from the applicable sentencing guideline range, but makes no finding that it has authority to do so if it wished.

Jose Fernando Garcia-Garcia appeals his sentence, imposed under the United States Sentencing Guidelines and within the applicable guideline range, following his conviction by guilty plea for possession of a controlled substance with intent to distribute in violation of 21 U.S.C. § 841(a)(1). He contends that the district court erred by failing to rule on…