United States v. Nunez-Rodriguez

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1669
UNITED STATES,
Appellee,
v.
JOSE ANTONIO NUNEZ-RODRIGUEZ,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jose Antonio Fuste, U.S. District Judge]
Before
Boudin, Circuit Judge,
Coffin, Senior Circuit Judge,
and Lynch, Circuit Judge.
H. Manuel Hernandez on brief for appellant.
Guillermo Gil, United States Attorney, Rosa Emilia Rodriguez-Velez,
Executive Assistant United States Attorney, Jose A. Quiles-Espinosa,
Senior Litigation Counsel, and Nelson Perez-Sosa, Assistant United
States Attorney, on brief for appellee.
April 7, 1998
Per Curiam. The district court considered the new motion
for a departure on the merits and made clear that it had no
interest in granting a departure. This discretionary refusal
to depart is not subject to appellate review. See United
States v. Nunez-Rodriguez, 92 F.3d 14 (1st Cir. 1996), and it
is therefore unnecessary for us to consider whether a decision
to depart would have been within the scope of remand and
allowed under the law of the case doctrine.
Affirmed. See 1st Cir. Loc. R. 27.1.