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United States v. Perez Lopez, 94-2134 (1995)

Court: Court of Appeals for the First Circuit Number: 94-2134 Visitors: 7
Filed: Sep. 20, 1995
Latest Update: Mar. 02, 2020
Summary: Defendant, Appellant.Circuit Judges.______________ ______________________, Assistant United States Attorney, Chief, Criminal Division, and Jose, ____, F. Blanco, Assistant United States Attorney, on brief for appellee.United States in violation of 8 U.S.C. 1326(b)(2).departure.Appeal dismissed.
USCA1 Opinion




September 20, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT




____________________


No. 94-2134

UNITED STATES,

Appellee,

v.

JOSE LUIS PEREZ LOPEZ,

Defendant, Appellant.


____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

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


____________________

Before

Selya, Stahl and Lynch,
Circuit Judges. ______________

____________________

Ramon M. Gonzalez on brief for appellant. _________________
Guillermo Gil, United States Attorney, Jorge E. Vega Pacheco, ______________ ______________________
Assistant United States Attorney, Chief, Criminal Division, and Jose ____
F. Blanco, Assistant United States Attorney, on brief for appellee. _________


____________________

____________________





















Per Curiam. Appellant pled guilty to a single __________

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 ___ _____________ ________

Cir. 1995); United States v. Romero, 32 F.3d 641, 653-54 (1st _____________ ______

Cir. 1994).

Appeal dismissed. See Loc. R. 27.1. _________ ___





















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Source:  CourtListener

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