context: Because there is no indication in the record that the district court believed it lacked authority to grant a downward departure based on a "combination of factors," the district court's failure to depart on that basis sua sponte is not appealable.
citation_a.signal: cf.
citation_a.parenthetical: reviewing for plain error the district court's failure to depart sua sponte on a ground that was barred by law at the time of sentencing
citation_a.sentence: United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable); cf. United States v. Castillo-Casiano, 198 F.3d 787, 790 (9th Cir.1999), amended, 204 F.3d 1257 (9th Cir.2000) (reviewing for plain error the district court’s failure to depart sua sponte on a ground that was barred by law at the time of sentencing).
citation_b.signal: no signal
citation_b.parenthetical: failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable
citation_b.sentence: United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable); cf. United States v. Castillo-Casiano, 198 F.3d 787, 790 (9th Cir.1999), amended, 204 F.3d 1257 (9th Cir.2000) (reviewing for plain error the district court’s failure to depart sua sponte on a ground that was barred by law at the time of sentencing).