
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                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.                                  _________ ________  ___                                         -2-
