
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 97-1420                                    UNITED STATES,                                      Appellee,                                          v.                                  JULIAN G. BENOIT,                                Defendant, Appellant.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                   [Hon. Nathaniel M. Gorton, U.S. District Judge]                                              ___________________                                 ____________________                                        Before                               Boudin, Stahl and Lynch,                                   Circuit Judges.                                   ______________                                 ____________________            Martin D. Boudreau on brief for appellant.            __________________            Donald K.  Stern, United  States Attorney,  and Donald L.  Cabell,            ________________                                _________________        Assistant United States Attorney, on brief for appellee.                                 ____________________                                  Jaanuary 22, 1998                                 ____________________                 Per Curiam.    Upon careful  review  of the  briefs  and                 __________            record,  we conclude  that  we do  not  have jurisdiction  to            review the district  court's denial of a  downward departure.            As we  read the  district court's  comments, and  contrary to            defendant's reading, the district court assumed its authority            to depart, arguendo, and  expressly exercised its  discretion                       ________            not to  depart based on the specific facts  of this case.  No            mistake of law is evident from those comments.                 Affirmed.  See 1st Cir. Loc. R. 27.1.                 ________   ___                                         -2-
