February 20, 1996
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1653
UNITED STATES,
Appellee,
v.
RICARDO ROMERO MEDINA,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Hector M. Laffitte, U.S. District Judge]
Before
Selya, Cyr, and Lynch,
Circuit Judges.
Frank D. Inserni on brief for appellant.
Guillermo Gil, United States Attorney, Jeanette Mercado-Rios,
Assistant U.S. Attorney, Nelson Perez-Sosa, Assistant U.S. Attorney,
and Jose A. Quiles-Espinosa, Senior Litigation Counsel, on brief for
appellee.
Per Curiam. We have carefully reviewed the record and
briefs. We conclude that the sentencing judge's remarks, in
context, show that the judge did not misapprehend his legal
authority to depart were extraordinary family or other
special circumstances presented. Instead, the judge made a
discretionary determination that the circumstances were not
sufficiently unusual to take the case out of the heartland
and therefore did not warrant a departure. In these
circumstances, we lack jurisdiction to review the decision
not to depart. See United States v. Romero, 32 F.3d 641,
652-54 (1st Cir. 1994); United States v. LeBlanc, 24 F.3d
340, 348-49 (1st Cir.), cert. denied, 115 S. Ct. 250 (1994).
Nor did the court abuse its discretion in denying defendant's
late request for a continuance.
Appeal dismissed. Loc. R. 27.1.
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