
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 96-1263                                             UNITED STATES,                                      Appellee,                                          v.                                  CARLTON E. ALLEN,                                Defendant, Appellant.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                              FOR THE DISTRICT OF MAINE                     [Hon. D. Brock Hornby, U.S. District Judge]                                            ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                            Cyr and Stahl, Circuit Judges.                                           ______________                                 ____________________            Robert A. Levine on brief for appellant.            ________________            Jay P. McCloskey, United States Attorney, Jonathan  R. Chapman and            ________________                          ____________________        F.  Mark Terison,  Assistant  United States  Attorneys,  on brief  for        ________________        appellee.                                 ____________________                                   August 22, 1996                                 ____________________                      Per Curiam.   The defendant appeals his  conviction                      __________            for possession of a  short barrel shotgun in violation  of 26            U.S.C.    5861(d), contending that  the gun was  found as the            result of a  pretextual stop  of his vehicle  by the  police.            Because this  case is  controlled by  the recent  decision in            Whren  v. United States, 116 S.Ct. 1769 (1996), we affirm the            _____     _____________            judgment below.                      Affirmed.  Loc. R. 27.1.                      ________                                         -2-
