November 2, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1716
UNITED STATES,
Appellee,
v.
FELIX OVALLES-FIGUEREO,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Mary M. Lisi, U.S. District Judge]
Before
Torruella, Chief Judge,
Boudin and Stahl, Circuit Judges.
Douglas J. Rose and Jarret & Mitson, Inc. on brief for appellant.
Sheldon Whitehouse, United States Attorney, Margaret E. Curran
and Edwin J. Gale, Assistant United States Attorneys, on brief for
appellee.
Per Curiam. Appellant-defendant Felix Ovalles-
Figuereo appeals on the sole ground that the district court
erred in denying his motion for departure from the applicable
guideline sentencing range pursuant to 18 U.S.C. 3553(b).
"It is by now axiomatic that a criminal defendant cannot
ground an appeal on a sentencing court's discretionary
decision not to depart below the guideline sentencing range."
United States v. Pierro, 32 F.3d 611, 619 (1st Cir. 1994),
cert. denied, U.S. , 115 S. Ct. 919 (1995). It is clear
from the transcript of the sentencing hearing that the
district court did not misapprehend its power to depart. It
made a discretionary decision that a departure was not
warranted on the facts of this case. We lack jurisdiction to
review such exercises of discretion. Id. Therefore, this
appeal is dismissed. See Loc. R. 27.1.
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