Filed: Aug. 16, 2000
Latest Update: Feb. 21, 2020
Summary: Defendant, Appellant.Boudin and Lipez, Circuit Judges.Edward C. Roy and Roy & Cook on brief for appellant., Margaret E. Curran, United States Attorney, Donald C., Lockhart and Stephanie S. Browne, Assistant United States, Attorneys, on brief for appellee.States v. Reeder, 170 F.3d 93, 109 (1st Cir.
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 99-2122
UNITED STATES,
Appellee,
v.
MARK M. GOUVEIA,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ernest C. Torres, U.S. District Judge]
Before
Torruella, Chief Judge,
Boudin and Lipez, Circuit Judges.
Edward C. Roy and Roy & Cook on brief for appellant.
Margaret E. Curran, United States Attorney, Donald C.
Lockhart and Stephanie S. Browne, Assistant United States
Attorneys, on brief for appellee.
July 31, 2000
Per Curiam. After a thorough review of the record
and of the parties’ submissions, we affirm. This court has
no jurisdiction to review a discretionary refusal to depart
downward from the sentencing guideline range, see United
States v. Reeder, 170 F.3d 93, 109 (1st Cir. 1999), and it is
apparent from a review of the record that the court assumed
it had the authority to depart and simply chose not to do
so.
Affirmed. 1st Cir. Loc. R. 27(c).
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