United States v. Perez Lopez ( 1995 )

USCA1 Opinion

        September 20, 1995      [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT









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        No. 94-2134



                                    UNITED STATES,



                                      Appellee,



                                          v.



                                JOSE LUIS PEREZ LOPEZ,



                                Defendant, Appellant.





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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                           FOR THE DISTRICT OF PUERTO RICO



                  [Hon. Juan M. Perez-Gimenez, U.S. District Judge]
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                                        Before



                                Selya, Stahl and Lynch,

                                   Circuit Judges.
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            Ramon M. Gonzalez on brief for appellant.
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            Guillermo  Gil, United  States  Attorney,  Jorge E.  Vega Pacheco,
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        Assistant United  States Attorney, Chief, Criminal  Division, and Jose
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        F. Blanco, Assistant United States Attorney, on brief for appellee.
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                      Per Curiam.    Appellant  pled guilty  to a  single
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            count indictment  charging him with illegal  reentry into the



            United States in violation of 8  U.S.C.   1326(b)(2).  He was



            sentenced at the low end of the relevant guidelines range, to



            46 months  imprisonment.  He  challenges here only  the trial



            court's  refusal  to  grant  a downward  departure  based  on



            allegedly "extraordinary" family circumstances.



                      The sentencing hearing transcript, however, clearly



            reflects that  the trial  judge's decision  was  taken in  an



            exercise   of  discretion,   and   was  not   based  on   any



            misunderstanding as  to the  court's authority to  consider a



            departure.   Accordingly, the  decision is not  reviewable on



            appeal.  See United States v. Morrison, 46 F.3d 127, 130 (1st
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            Cir. 1995); United States v. Romero, 32 F.3d 641, 653-54 (1st
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            Cir. 1994).



                      Appeal dismissed.  See Loc. R. 27.1.
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