
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                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-
