USCA1 Opinion

       [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 98-2162



                          UNITED STATES,



                       Plaintiff, Appellee,



                                v.



                         DOUGLAS ROGERS,



                      Defendant, Appellant.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF RHODE ISLAND



          [Hon. Ronald R. Lagueux, U.S. District Judge]







                              Before



                     Torruella, Chief Judge,

                Stahl and Lipez, Circuit Judges.

                                

                                

                                

                                

                                

     Brendan G. King and George F. Gormley, P.C. on brief for

appellant.

     Margaret E. Curran, United States Attorney, Donald C. Lockhart

and Zechariah Chafee, Assistant United States Attorneys, on brief

for appellee.











November 4, 1999







                                

  

            Per Curiam.  Upon careful review of the briefs and

  record, we conclude that we do not have jurisdiction to review

  the district court's discretionary refusal to depart from the

  sentencing guideline range.  See United States v. Reeder, 170

  F.3d 93, 109 (1st Cir. 1999), cert. denied, 68 U.S.L.W. 3079

  (U.S. Oct. 4, 1999).  Further, the district court's decision is

  not inconsistent with, or undermined by, the ruling in United

  States v. Perez, 160 F.3d 87 (1st Cir. 1998), because the

  district court determined that, on the facts of this case, it

  would not grant a departure even were it authorized to do so.

            Affirmed.  See 1st Cir. Loc. R. 27.1.