United States of America v. David J. Oakes

[NOT FOR PUBLICATION — NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-2071
UNITED STATES OF AMERICA,
Appellee,
v.
DAVID J. OAKES,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge]
Before
Selya, Circuit Judge,
Gibson* and Greenberg,** Senior Circuit Judges.
Douglas J. Beaton for appellant.
F. Mark Terison, Senior Litigation Counsel, with whom Paula D.
Silsby, United States Attorney, was on brief, for appellee.
October 4, 2002
____________
*Of the Eighth Circuit, sitting by designation.
**Of the Third Circuit, sitting by designation.

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Per Curiam. This sentencing appeal poses a legal
question that is materially indistinguishable from that which we
recently answered in United States v. Ahlers, Nos. 01-2570, 01-2571
(1st Cir. Sept. 30, 2002). Based on the holding in Ahlers, Oakes's
suggested answer to that question must be rejected. Here,
moreover, unlike in Ahlers, the district court affirmatively found
that the facts did not support the departure request. Thus, even
apart from Ahlers, the sentence in this case would be unreviewable.
See United States v. Pierro, 32 F.3d 611, 619 (1st Cir. 1994);
United States v. Hilton, 946 F.2d 955, 957 (1st Cir. 1991). For
both of these reasons, Oakes's appeal fails.
Affirmed.

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