
USCA1 Opinion

	




          November 22, 1995     [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                                              ____________________        No. 95-1138                                     UNITED STATES,                                      Appellee,                                          v.                                 DENNIS JOHN DiIORIO,                                Defendant, Appellant.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                           FOR THE DISTRICT OF RHODE ISLAND                     [Hon. Ernest C. Torres, U.S. District Judge]                                             ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                            Selya and Cyr, Circuit Judges.                                           ______________                                 ____________________            Orlando A. Andreoni on brief for appellant.            ___________________            Sheldon Whitehouse,  United States  Attorney, Stephanie S.  Browne            __________________                            ____________________        and  Craig N. Moore, Assistant  United States Attorneys,  on brief for             ______________        appellee.                                 ____________________                                 ____________________                      Per  Curiam.  Defendant-appellant Dennis J. DiIorio                      ___________            pled guilty to a three-count indictment, including possession            of  a firearm  by a  convicted felon.   He  appeals from  his            sentence  on the sole ground that the district court erred in            denying  a reduction  in his  base offense  level because  he            "possessed  all ammunition  and  firearms  solely for  lawful            sporting purposes  or  collection.  . .  ."    United  States            Sentencing   Guidelines,  2K2.1(b)(2) (1994).   The burden is            on  the defendant to prove by a preponderance of the evidence            that  he  is entitled  to the  reduction.   United  States v.                                                        ______________            Cousens, 942 F.2d  800, 802 (1st Cir. 1991).   "We review for            _______            clear error the district court's factual findings with regard            to  the intended  purposes of  purchasing and  possessing the            firearms at issue." Id.                                ___                      Having carefully reviewed the record, including the            transcript from  the sentencing hearing, we  conclude that it            was  not  clear error  for the  district  court to  find that            appellant failed  to prove by a preponderance of the evidence            that he possessed the gun and  ammunition solely for sporting            or collection purposes.   The sentencing court's decision not            to  accept DiIorio's  version  of the  relevant  facts was  a            credibility determination best  made by  the district  court,            rather than by this court.  See United States v. Wheelwright,                                        ___ _____________    ___________            918 F.2d 226, 228 (1st Cir. 1990).   Accordingly, appellant's            sentence is affirmed.  See Loc. R. 27.1.                        ________   ___
