[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-1330
UNITED STATES,
Appellee,
v.
JUAN AGUILAR-AGUILAR,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge]
Before
Selya, Boudin and Lynch,
Circuit Judges.
Ronald Nacamuli on brief for appellant.
Jay P. McCloskey, United States Attorney, and Margaret D.
McGaughey, Assistant United States Attorney, on brief for appellee.
December 5, 1996
Per Curiam. After careful review of the appellate
briefs and record, we conclude that no substantial question
is presented as to the district court's refusal to grant a
downward departure.
The refusal to depart is not appealable here, as there
is no suggestion that it resulted from any misapprehension of
the applicable guidelines or the district court's authority
to depart. See United States v. Grandmaison, 77 F.3d 555,
560 (1st Cir. 1996). Consequently, the appeal is dismissed.
Loc. R. 27.1.
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