
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          November 29, 1995                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                          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.                                                ________                                         -2-
