United States v. El Zein

Opinion

[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 98-1272

UNITED STATES,

Appellee,

v.

ANTHONY EL ZEIN,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Mark L. Wolf, U.S. District Judge]

Before

Torruella, Chief Judge, Selya and Boudin, Circuit Judges.

Colleen E. Carafotes on brief for appellant. Donald K. Stern, United States Attorney, and John M. Griffin, Assistant U.S. Attorney, on brief for appellee.

July 20, 1999

Per Curiam. Upon careful review of the briefs and record, it appears that only one of defendant's several issues was raised below or preserved for appeal. As to that issue concerning a downward departure, the district court's decision, fairly read, was discretionary, and we lack jurisdiction to review such a decision. See United States v. Santos, 131 F.3d 16, 21 (1st Cir. 1997). In any event, the fact that defendant's money laundering was not related to drug trafficking or organized crime did not take it outside the heartland of money laundering offenses subject to U.S.S.G. 2S1.1. See United States v. Piero, 32 F.3d 611, 619-21 (1st Cir. 1994). The rest of defendant's issues were not raised before the district court and so were waived for appeal. See United States v. LiCausi, 167 F.3d 36, 44-45 (1st Cir. 1999). Nonetheless, we have reviewed those issues to the extent possible on the existing record, and we have found no plain error that would lead us to disturb any part of the judgment. See United States v. Olano, 507 U.S. 725, 733-34 (1993). Affirmed. See 1st Cir. Loc. R. 27.1.