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NOT FOR PUBLICATION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.

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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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Published