United States v. Morris ( 1998 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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        No. 97-1420





                                    UNITED STATES,



                                      Appellee,



                                          v.



                                  JULIAN G. BENOIT,



                                Defendant, Appellant.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                   [Hon. Nathaniel M. Gorton, U.S. District Judge]
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                                 ____________________



                                        Before



                               Boudin, Stahl and Lynch,

                                   Circuit Judges.
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                                 ____________________



            Martin D. Boudreau on brief for appellant.
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            Donald K.  Stern, United  States Attorney,  and Donald L.  Cabell,
________________                                _________________

        Assistant United States Attorney, on brief for appellee.





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                                  Jaanuary 22, 1998

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                 Per Curiam.    Upon careful  review  of the  briefs  and
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            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
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            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.
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