United States v. Sine
U.S. Court of Appeals for the First Circuit
United States v. Sine
Opinion
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NOT FOR PUBLICATION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
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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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Reference
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