The United States Court of Appeals for the Fifth Circuit has held that an appellate court does not have the jurisdiction to review the denial of a downward departure where the government has filed a "substantial assistance" motion for downward departure under Sentencing Guidelines § 5K1.1. Do the courts of appeal have the jurisdiction under Booker to review a district court's denial of a motion for downward departure under 5K1.1?

Whether the courts of appeal have jurisdiction under Booker to review a district court's denial of a motion for downward departure under 5K1.1