Carpenter
United States v. Carpenter
Opinion
Lead Opinion
MEMORANDUM ***
Jimmy Dean Carpenter appeals the district court’s decision not to depart downward pursuant to U.S.S.G. § 5K1.1 for substantial assistance. We affirm.
Before United States v. Booker; 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the district court’s decision not to depart downward pursuant to § 5K1.1 would have been unreviewable because it is clear from the sentencing hearing transcript that the court knew it had the legal authority to depart but exercised its discretion not to do so. See United States v. Hanna, 49 F.3d 572, 576 (9th Cir.1995).
After Booker, the scheme of upward and downward departures has been “essentially replaced by the requirement that judges impose a ‘reasonable’ sentence.” United States v. Mohamed, 459 F.3d 979, 986 (9th Cir.2006). But even if this court now has jurisdiction to review the district court’s decision not to depart downward as part of a reasonableness review, Carpenter’s appeal must fail because he did not specifically and distinctly argue that his sentence was unreasonable in his opening brief. See Oficers for Justice v. Civil Serv. Comm’n of S.F., 979 F.2d 721, 726 (9th Cir.1992).