United States v. Mark M. Gouveia

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]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

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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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