USCA1 Opinion

       [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]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, 86 F.3d

  1238, 1259-60 (1st Cir. 1996).

            Affirmed.  See 1st Cir. Loc. R. 27.1.