September 20, 1995 [NOT FOR PUBLICATION]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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