USCA1 Opinion
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[NOT FOR PUBLICATION]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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