United States v. Penn ( 1997 )

[NOT FOR PUBLICATION]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.
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