[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 98-1710

UNITED STATES,

Appellee,

v.

MICHAEL B. HABERSKI,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. George A. O'Toole, Jr., U.S. District Judge]

Before

Selya, Boudin and Lynch, Circuit Judges.

James R. Knudsen and Whittenberg & Associates on brief for appellant. Donald K. Stern, United States Attorney, Louis M. Fischer, Attorney, Department of Justice, and Christopher L. Varner, and Paul Andrews, Attorneys, Department of Justice, on brief for appellee.

September 15, 1999

Per Curiam. Upon careful review of the briefs and record, we conclude that the district court did not plainly err in applying the 2-level adjustment under U.S.S.G. 3B1.1(c). Contrary to defendant's appellate arguments, the district court adopted the factual findings stated in the presentence report, which findings adequately supported the conclusion that defendant "exercised control over, or was otherwise responsible for organizing the activities of, at least one other individual in committing the crimes." United States v. DiSanto,

(1st Cir. 1996). Affirmed. See 1st Cir. Loc. R. 27.1.