[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 97-1420
UNITED STATES,
Appellee,
v.
JULIAN G. BENOIT,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Nathaniel M. Gorton, U.S. District Judge] ___________________
____________________
Before
Boudin, Stahl and Lynch,
Circuit Judges. ______________
____________________
Martin D. Boudreau on brief for appellant. __________________
Donald K. Stern, United States Attorney, and Donald L. Cabell, ________________ _________________
Assistant United States Attorney, on brief for appellee.
____________________
Jaanuary 22, 1998
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Per Curiam. Upon careful review of the briefs and __________
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 ________
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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