November 29, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1457
UNITED STATES,
Appellee,
v.
JOAQUIN JIMENEZ,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Raymond J. Pettine, Senior U.S. District Judge]
Before
Torruella, Chief Judge,
Bownes, Senior Circuit Judge,
and Stahl, Circuit Judge.
Thomas G. Briody on brief for appellant.
Sheldon Whitehouse, United States Attorney, and Craig N. Moore,
Assistant United States Attorney, on brief for appellee.
Per Curiam. We have carefully reviewed the briefs
and record. The district court's remarks, read as a whole,
indicate that regardless whether defendant's state criminal
offenses were concentrated or spread out, the court was not
inclined to exercise its discretion to depart downward
because the fact remained that defendant had engaged in
serious misconduct. Consequently, we reject defendant's
argument that he was sentenced on the basis of materially
inaccurate information.
The judgment is summarily affirmed. Loc. R. 27.1.
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