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

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    The United States Court of Appeals for the First Circuit affirmed the ruling of the District Court of Rhode Island in the case of the United States vs. Christopher Essor. The appeals court found that the district court understood its authority to depart from sentencing guidelines but chose not to based on Essor's criminal history and previous assistance to the government. As the denial of a downward departure was discretionary, the appeals court had no jurisdiction to review the decision.

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    Filed: 1998-09-14 Precedential Status: Precedential Docket: 97-1717

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    The United States Court of Appeals for the First Circuit affirmed the ruling of the District Court of Rhode Island in the case of the United States vs. Christopher Essor. The appeals court found that the district court understood its authority to depart from sentencing guidelines but chose not to based on Essor's criminal history and previous assistance to the government. As the denial of a downward departure was discretionary, the appeals court had no jurisdiction to review the decision.

    Copyright:

    Public Domain
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    4 views3 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the First Circuit affirmed the ruling of the District Court of Rhode Island in the case of the United States vs. Christopher Essor. The appeals court found that the district court understood its authority to depart from sentencing guidelines but chose not to based on Essor's criminal history and previous assistance to the government. As the denial of a downward departure was discretionary, the appeals court had no jurisdiction to review the decision.

    Copyright:

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    of 3

    USCA1 Opinion

    [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]


    United States Court of Appeals
    For the First Circuit

    No. 97-1717

    UNITED STATES,

    Appellee,

    v.

    CHRISTOPHER ESSOR,

    Defendant, Appellant.

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF RHODE ISLAND

    [Hon. Francis J. Boyle, Senior U.S. District Judge]

    Before

    Selya, Stahl and Lynch,


    Circuit Judges.

    Edward C. Roy and Roy & Cook on brief for appellant.


    Margaret E. Curran, United States Attorney, and Ira Belkin,
    Assistant United States Attorney, on brief for appellee.

    September 11, 1998

    Per Curiam.

    Upon caref

    record, we conclude that this appeal presents no substantial


    question and that oral argument is not warranted.

    The district

    court clearly understood its authority and expressly exercised


    its discretion not to depart at all, in light of defendant's
    particular combination of positive (assistance to the
    government) and negative (under-represented criminal record)
    circumstances.

    We have no jurisdiction to review such a

    discretionary denial of a downward departure.

    Accordingly, we

    do not consider defendant's contention that the district


    court's analysis of the positive circumstances was
    insufficiently detailed.
    Affirmed.

    See 1st Cir. Loc. R. 27.1.

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