United States v. Aguilar-Aguilar

Opinion

USCA1 Opinion

[NOT FOR PUBLICATION]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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