With no explanation, chose the best option from "A", "B", "C" or "D". that’s the rule under the Guidelines and I believe that’s the rule in the Eleventh Circuit. I believe those are not factors that the court should take into — that that’s a factor that the court should take into consideration in attempting to depart. Frankly, I think if the court tried to depart, it would be reversible error. Id. at 29. Ordinarily, we will not review a district court’s denial of a request for downward departure. United States v. Hadaway, 998 F.2d 917, 919 (11th Cir.1993). However, a district court’s refusal to depart is reviewable on appeal if the court’s decision was based on the belief that it lacked the authority to consider a departure. United States v. Williams, 948 F.2d 706, 708 (11th Cir.1991). See also United States v. Fossett, 881 F.2d 976, 979 (11th Cir.1989) (<HOLDING>). The district court’s determination that it

A: holding that a defendants assertion that the district court did not believe it had the statutory authority to depart from sentencing guideline range  presents a cognizable claim on appeal
B: holding that a court may depart downward from the applicable guideline range under section 4a13
C: holding that district court must provide reasonable notice of intent to upwardly depart from guideline range
D: holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum
A.