[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 97-1952

UNITED STATES,

Appellee,

v.

BIBA KAJTAZI, A/K/A ROBERT CRUZ,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Carmen Consuelo Cerezo, U.S. District Judge]

Before

Torruella, Chief Judge, Selya and Boudin, Circuit Judges.

Frank A. Rubino on brief for appellant. Guillermo Gil, United States Attorney, Camille Velez-Rive, Assistant United States Attorney, and Jose A. Quiles-Espinosa, Senior Litigation Counsel, on brief for appellee.

August 11, 1998

Per Curiam. Upon careful review of the briefs and record, we conclude that the district court did not abuse its discretion in considering, inter alia, the polygraph test results in determining whether defendant met the requirements of U.S.S.G. 5C1.2(5). See U.S.S.G. 6A1.3(a); see alsoUnited States v. Santiago-Gonzalez,

, 7 n.1 (1st Cir. 1995). In any event, defendant did not raise before the district court the broad claim that polygraph results are per se inadmissible, and so that claim is forfeited and may not be raised on appeal. Further, in light of all the evidence about defendant's debriefings, the district court did not clearly err in denying defendant safety valve relief. See United States v. Montanez,

(1st Cir. 1996). And we perceive no basis whatsoever for defendant's claim that the government breached the plea agreement. Affirmed. See 1st Cir. Loc. R. 27.1.