United States v. Penn ( 1997 )


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  • [NOT FOR PUBLICATION]
    UNITED STATES COURT OF APPEALS
    FOR THE FIRST CIRCUIT
    No. 97-1276
    UNITED STATES,
    Appellee,
    v.
    ALVIN PENN,
    Defendant, Appellant.
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF MASSACHUSETTS
    [Hon. Patti B. Saris, U.S. District Judge]
    Before
    Torruella, Chief Judge,
    Stahl and Lynch, Circuit Judges.
    Paul J. Haley on brief for appellant.
    Donald K.  Stern, United States Attorney,  and Michael J.  Pelgro,
    Assistant United States Attorney, on brief for appellee.
    October 14, 1997
    Per Curiam.    Upon careful  review  of the  briefs  and
    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
    States v. Montoya, 
    62 F.3d 1
    , 3-4 (1st Cir. 1995).
    Affirmed.  See 1st Cir. Loc. R. 27.1.
    -2-
    

Document Info

Docket Number: 97-1276

Filed Date: 10/16/1997

Precedential Status: Non-Precedential

Modified Date: 4/17/2021