
USCA1 Opinion

	




          November 2, 1995                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                                            ____________________        No. 95-1716                                     UNITED STATES,                                      Appellee,                                          v.                               FELIX OVALLES-FIGUEREO,                                Defendant, Appellant.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                           FOR THE DISTRICT OF RHODE ISLAND                       [Hon. Mary M. Lisi, U.S. District Judge]                                           ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                          Boudin and Stahl, Circuit Judges.                                            ______________                                 ____________________            Douglas J. Rose and Jarret & Mitson, Inc. on brief for appellant.            _______________     _____________________            Sheldon  Whitehouse, United  States Attorney,  Margaret E.  Curran            ___________________                            ___________________        and Edwin J.  Gale, Assistant  United States Attorneys,  on brief  for            ______________        appellee.                                 ____________________                                 ____________________                      Per  Curiam.    Appellant-defendant Felix  Ovalles-                      ___________            Figuereo appeals on  the sole ground that the  district court            erred in denying his motion for departure from the applicable            guideline sentencing  range pursuant to 18  U.S.C.   3553(b).            "It  is by  now axiomatic  that a  criminal defendant  cannot            ground  an  appeal  on  a  sentencing  court's  discretionary            decision not to depart below the guideline sentencing range."            United  States v. Pierro, 32  F.3d 611, 619  (1st Cir. 1994),            ______________    ______            cert. denied, __ U.S. __, 115 S. Ct. 919 (1995).  It is clear            _____ ______            from  the  transcript  of  the sentencing  hearing  that  the            district  court did not misapprehend its power to depart.  It            made  a  discretionary  decision  that a  departure  was  not            warranted on the facts of this case.  We lack jurisdiction to            review  such exercises  of discretion.  Id.   Therefore, this                                                    ___            appeal is dismissed.  See Loc. R. 27.1.                      _________   ___                                         -2-
