
USCA1 Opinion

	




                                 NOT FOR PUBLICATION                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                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.                                         ________   ___                                         -2-
