[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 99-1368

UNITED STATES,

Appellee,

v.

IGNACIO CUSTODIO-ROSIS,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Daniel R. Domnguez, U.S. District Judge]

Before

Selya, Boudin and Lynch, Circuit Judges.

Alexander Zeno on brief for appellant. Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco, Assistant United States Attorney, and Nelson Perez-Sosa, Assistant United States Attorney, 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 clearly err in basing defendant's sentence on the negotiated drug quantity. See U.S.S.G. 2D1.1, n.12; United States v. Muniz,

(1st Cir. 1995). In the circumstances of this case, we cannot say that the district court was required to disregard defendant's earlier assertions of capacity and intent to deliver the full quantity. We further conclude that the district court did not abuse its discretion in quashing the belated subpoenas. In light of defendant's guilty plea and the limited issues remaining for the sentencing hearing, defendant's argument regarding an entrapment defense is entirely meritless. Affirmed. See 1st Cir. Loc. R. 27.1.