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                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                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