[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1697
UNITED STATES,
Appellee,
v.
DONALD ROY,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Morton A. Brody, U.S. District Judge]
Before
Torruella, Chief Judge,
Cyr and Stahl, Circuit Judges.
Tina Schneider on brief for appellant.
Jay P. McCloskey, United States Attorney, Margaret D. McGaughey,
Assistant U.S. Attorney, and Gregory A. Campbell, Special Assistant
U.S. Attorney, on brief for appellee.
March 12, 1996
Per Curiam. Defendant Donald Roy contends that the
district court erred in failing to make a downward departure
under 5K2.13 of the United States Sentencing Guidelines
(for diminished capacity) and under U.S.S.G. 5K2.16 (for
voluntary disclosure). Roy's failure to request a downward
departure under either section in the district court
forecloses our consideration of the issue. See United States
v. Field, 39 F.3d 15, 21 (1st Cir. 1994), cert. denied,
U.S. , 115 S. Ct. 1806 (1995).
To the extent Roy is arguing that he received
ineffective assistance of counsel because his attorney did
not move for a departure under 5K2.13, 5K2.16, the
argument is without merit, for there was scant, if any,
evidentiary support for a departure. To the extent Roy may
be premising an ineffective assistance claim on counsel's
failure adequately to develop the record, the matter is not
presently reviewable. See United States v. Jadusingh, 12
F.3d 1162, 1169-70 (1st Cir. 1994).
The sentence is summarily affirmed. See Loc. R. 27.1.
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