United States v. Picardi ( 1997 )

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1558
UNITED STATES,
Appellee,
v.
RICHARD JOSEPH PICARDI, A/K/A FAT RITCHIE,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Reginald C. Lindsay, U.S. District Judge]
Before
Selya, Circuit Judge,
Cyr, Senior Circuit Judge,
and Boudin, Circuit Judge.
John J. Barter on brief for appellant.
Donald K. Stern, United States Attorney, and James C. Rehnquist,
Assistant United States Attorney, on brief for appellee.
December 9, 1997
Per Curiam. Upon careful review, we cannot conclude
that the district court misunderstood its authority to depart
under U.S.S.G. 5H1.4. The district court's comments,
fairly read, indicate only that the departure was denied as a
matter of discretion. That exercise of discretion is not
subject to appellate review. See United States v. LeBlanc,
24 F.3d 340, 348 (1st Cir. 1994).
Further, the adjustments under both U.S.S.G. 3B1.1(b)
(managerial role in the offense), and U.S.S.G.
2B1.1(b)(4)(B) (business of receiving and selling stolen
property) did not effect an improper double counting. See
United States v. Reeves, 83 F.3d 203, 208 (8th Cir. 1996).
Affirmed. See 1st Cir. Loc. R. 27.1.
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