November 2, 1995

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT



                           

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        No. 95-1716 



                                    UNITED STATES,



                                      Appellee,



                                          v.



                               FELIX OVALLES-FIGUEREO,



                                Defendant, Appellant.





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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                           FOR THE DISTRICT OF RHODE ISLAND





                       [Hon. Mary M. Lisi, U.S. District Judge]
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                                        Before



                                Torruella, Chief Judge,
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                          Boudin and Stahl, Circuit Judges.
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            Douglas J. Rose and Jarret & Mitson, Inc. on brief for appellant.
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            Sheldon  Whitehouse, United  States Attorney,  Margaret E.  Curran
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        and Edwin J.  Gale, Assistant  United States Attorneys,  on brief  for
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        appellee.





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                      Per  Curiam.    Appellant-defendant Felix  Ovalles-
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            Figuereo appeals on  the sole ground that the  district court



            erred in denying his motion for departure from the applicable



            guideline sentencing  range pursuant to 18  U.S.C.   3553(b).



            "It  is by  now axiomatic  that a  criminal defendant  cannot



            ground  an  appeal  on  a  sentencing  court's  discretionary



            decision not to depart below the guideline sentencing range."



            United  States v. Pierro, 32  F.3d 611, 619  (1st Cir. 1994),
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            cert. denied, __ U.S. __, 115 S. Ct. 919 (1995).  It is clear
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            from  the  transcript  of  the sentencing  hearing  that  the



            district  court did not misapprehend its power to depart.  It



            made  a  discretionary  decision  that a  departure  was  not



            warranted on the facts of this case.  We lack jurisdiction to



            review  such exercises  of discretion.  Id.   Therefore, this
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            appeal is dismissed.  See Loc. R. 27.1.
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