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  • United States v. Morris, 1st Cir. (1998)

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    The US Court of Appeals for the 1st Circuit affirmed the district court's denial of a downward departure for the defendant. The appeals court concluded it did not have jurisdiction to review the denial, as the district court assumed arguendo it had the authority to depart but exercised its discretion not to based on the specific facts of the case, indicating no mistake of law.

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    Filed: 1998-01-22 Precedential Status: Precedential Docket: 97-1420

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    The US Court of Appeals for the 1st Circuit affirmed the district court's denial of a downward departure for the defendant. The appeals court concluded it did not have jurisdiction to review the denial, as the district court assumed arguendo it had the authority to depart but exercised its discretion not to based on the specific facts of the case, indicating no mistake of law.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    5 views6 pages

    United States v. Morris, 1st Cir. (1998)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals for the 1st Circuit affirmed the district court's denial of a downward departure for the defendant. The appeals court concluded it did not have jurisdiction to review the denial, as the district court assumed arguendo it had the authority to depart but exercised its discretion not to based on the specific facts of the case, indicating no mistake of law.

    Copyright:

    Public Domain
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    of 6

    USCA1 Opinion

    [NOT FOR PUBLICATION]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. Cabe


    _______________

    Assistant United States Attorney, on brief for appellee.

    ____________________

    Jaanuary 22, 1998


    ____________________

    Per Curiam.
    __________

    record,

    we conclude

    Upon careful

    that

    we do

    review

    not

    of the

    briefs

    have jurisdiction

    and

    to

    review the district

    As we

    read the

    court's denial of a

    district court's

    downward departure.

    comments, and

    contrary to

    defendant's reading, the district court assumed its authority

    to depart, arguendo, and


    ________

    not to

    expressly exercised its

    depart based on the specific facts

    of this case.

    mistake of law is evident from those comments.

    Affirmed.
    ________

    See 1st Cir. Loc. R. 27.1.


    ___

    discretion

    No

    -2-

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