Notice: First Circuit Local Rule 36.2(b)6 States Unpublished Opinions May Be Cited Only in Related Cases.united States, Appellee, v. Felix Ovalles-figuereo, Defendant, Appellant, 69 F.3d 531 (1st Cir. 1995)

Appellant-defendant Felix Ovalles-Figuereo appeals on the sole ground that the district court erred in denying his motion for departure from the applicable guideline sentencing range pursuant to 18 U.S.C. § 3553(b). "It is by now axiomatic that a criminal defendant cannot ground an appeal on a sentencing court's discretionary decision not to depart below the guideline sentencing range." United States v. Pierro, 32 F.3d 611, 619 (1st Cir. 1994), cert. denied, --- U.S. ---, 115 S. Ct. 919 (1995). It is clear from the transcript of the sentencing hearing that the district court did not misapprehend its power to depart. It made a discretionary decision that a departure was not warranted on the facts of this case. We lack jurisdiction to review such exercises of discretion. Id. Therefore, this appeal is dismissed. See Loc. R. 27.1.