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U.S. v. TUCKER

No. 89-1222.

892 F.2d 8 (1989)

UNITED STATES of America, Appellee, v. Forrest S. TUCKER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Robert D. Richman, Federal Defender Office, was on brief for defendant, appellant.

Martin F. Murphy, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief for appellee.

Before CAMPBELL, Chief Judge, and TORRUELLA, Circuit Judge, and TIMBERS, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

This appeal raises the issue of whether, in the circumstances of this case, the district court's decision not to depart from the applicable Sentencing Guidelines ("Guidelines") range is appealable. We find that it is not, and therefore dismiss the appeal.

PROCEDURAL BACKGROUND

Appellant Forrest S. Tucker ("Tucker") was charged with possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g).

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