[NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

                                 ____________________





        No. 97-1558





                                    UNITED STATES,



                                      Appellee,



                                          v.



                      RICHARD JOSEPH PICARDI, A/K/A FAT RITCHIE,



                                Defendant, Appellant.



                                 ____________________





                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                   [Hon. Reginald C. Lindsay, U.S. District Judge]
                                              ___________________



                                 ____________________



                                        Before



                                 Selya, Circuit Judge,
                                        _____________

                              Cyr, Senior Circuit Judge,
                                   ____________________

                              and Boudin, Circuit Judge.
                                          _____________



                                 ____________________



            John J. Barter on brief for appellant.
            ______________

            Donald K. Stern, United  States Attorney, and  James C. Rehnquist,
            _______________                                __________________

        Assistant United States Attorney, on brief for appellee.





                                 ____________________



                                   December 9, 1997

                                 ____________________



































                 Per Curiam.   Upon  careful review,  we cannot  conclude
                 __________



            that the district court misunderstood its authority to depart



            under  U.S.S.G.     5H1.4.   The  district  court's comments,



            fairly read, indicate only that the departure was denied as a



            matter of  discretion.  That  exercise of  discretion is  not



            subject  to appellate review.   See United States v. LeBlanc,
                                            ___ _____________    _______



            24 F.3d 340, 348 (1st Cir. 1994).



                 Further, the adjustments under  both U.S.S.G.   3B1.1(b)



            (managerial   role   in   the   offense),  and   U.S.S.G.    



            2B1.1(b)(4)(B)  (business  of  receiving and  selling  stolen



            property) did  not effect an  improper double counting.   See
                                                                      ___



            United States v. Reeves, 83 F.3d 203, 208 (8th Cir. 1996).
            _____________    ______



                 Affirmed.  See 1st Cir. Loc. R. 27.1.
                 ________   ___























































                                         -2-