United States v. Sine ( 1997 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-1646
UNITED STATES,
Appellee,
v.
KHAMTAN SINE,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Mary M. Lisi, U.S. District Judge]
Before
Selya, Cyr and Boudin,
Circuit Judges.
Thomas G. Briody on brief for appellant.
Sheldon Whitehouse, United States Attorney, Margaret E. Curran,
Assistant United States Attorney, and Zechariah Chafee, Assistant
United States Attorney, on brief for appellee.
February 5, 1997
Per Curiam. Khamtan Sine appeals from the sentence
imposed following his guilty plea to two counts of
distributing crack cocaine. Appellant's sole argument is
that the district court erred in concluding that the
government agent's conduct -- in requesting appellant to
convert cocaine powder into its crack form and in assisting
in the conversion on one occasion -- did not amount to
"extraordinary misconduct." See United States v. Montoya, 62
F.3d 1, 4 (1st Cir. 1995). Such a judgment by the district
court "is not lightly to be disregarded." Id. The district
court did not clearly err in finding that there were neither
threats nor coercion in this case. Nor was there any
indication of illegitimate motives on the part of the
government agent involved. We agree with the district court
that this is a "garden variety" sentencing factor
manipulation claim. See id.Appellant's sentence is affirmed. See Loc. R. 27.1.
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