Professional Documents
Culture Documents
No. 94-1043
UNITED STATES,
Appellee,
v.
MICHAEL J. DUCOING,
Defendant, Appellant.
__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Robert E. Keeton, U.S. District Judge]
___________________
___________________
Before
Selya, Cyr and Boudin
Circuit Judges.
______________
___________________
________
appellee.
__________________
__________________
Per Curiam.
__________
was
convicted of conspiracy
U.S.C.
to commit bank
larceny, see 18
___
district court
under
the
accordingly.
Guidelines
Ducoing challenges
and
2113(a).
The
a career offender
sentenced
him
criminal
history
category
4A1.3, on
(VI)
record.
over-represents
We dismiss for
the
lack of
jurisdiction.
We have
pursuant
case.1
judge
to
4A1.3
is
depart downward.
However,
"number
of
career offender
"serious doubts"
permissible in
about his
The district
authority to
offenses
that qualify
here,"
the
he had
so given
"total
994(h).
do
depart.
See
___
United States v. Amparo, 961 F.2d 288, 292 (1st Cir.) (appeal
_____________
______
will not lie from a district court discretionary decision not
to
States
______
v. Williams,
________
(declining to
had
898
113 S.
Ct.
F.2d 1400,
224 (1992);
1403
(9th Cir.
United
______
1990)
that it
so).
Accordingly, the
-3-