United States v. Penn ( 1997 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT



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        No. 97-1276





                                    UNITED STATES,



                                      Appellee,



                                          v.



                                     ALVIN PENN,



                                Defendant, Appellant.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                      [Hon. Patti B. Saris, U.S. District Judge]
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                                        Before



                                Torruella, Chief Judge,
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                           Stahl and Lynch, Circuit Judges.
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                                 ____________________



            Paul J. Haley on brief for appellant.
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            Donald K.  Stern, United States Attorney,  and Michael J.  Pelgro,
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        Assistant United States Attorney, on brief for appellee.





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                                   October 14, 1997

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                 Per Curiam.    Upon careful  review  of the  briefs  and
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            record,   we   find  no   merit  in   appellant's  arguments.



            Particularly, we decline appellant's invitation to expand the



            concept of sentence factor manipulation in this case.  As the



            district   court  found,  with  adequate  support,  that  the



            government's  conduct  was  proper  and  that  appellant  was



            predisposed to the drug sales, there was  no cognizable basis



            for a  claim of  sentence factor  manipulation.   See  United
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            States v. Montoya, 62 F.3d 1, 3-4 (1st Cir. 1995).
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                 Affirmed.  See 1st Cir. Loc. R. 27.1.
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