United States v. Perez Lopez

September 20, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

No. 94-2134

UNITED STATES,

Appellee,

v.

JOSE LUIS PEREZ LOPEZ,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Juan M. Perez-Gimenez, U.S. District Judge]

Before

Selya, Stahl and Lynch,
Circuit Judges.

Ramon M. Gonzalez on brief for appellant.

Guillermo Gil, United States Attorney, Jorge E. Vega Pacheco,

Assistant United States Attorney, Chief, Criminal Division, and Jose

F. Blanco, Assistant United States Attorney, on brief for appellee.

Per Curiam. Appellant pled guilty to a single

count indictment charging him with illegal reentry into the

United States in violation of 8 U.S.C. 1326(b)(2). He was

sentenced at the low end of the relevant guidelines range, to

46 months imprisonment. He challenges here only the trial

court's refusal to grant a downward departure based on

allegedly "extraordinary" family circumstances.

The sentencing hearing transcript, however, clearly

reflects that the trial judge's decision was taken in an

exercise of discretion, and was not based on any

misunderstanding as to the court's authority to consider a

departure. Accordingly, the decision is not reviewable on

appeal. See United States v. Morrison, 46 F.3d 127, 130 (1st

Cir. 1995); United States v. Romero, 32 F.3d 641, 653-54 (1st

Cir. 1994).

Appeal dismissed. See Loc. R. 27.1.

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