[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-1263
UNITED STATES,
Appellee,
v.
CARLTON E. ALLEN,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. D. Brock Hornby, U.S. District Judge]
Before
Torruella, Chief Judge,
Cyr and Stahl, Circuit Judges.
Robert A. Levine on brief for appellant.
Jay P. McCloskey, United States Attorney, Jonathan R. Chapman and
F. Mark Terison, Assistant United States Attorneys, on brief for
appellee.
August 22, 1996
Per Curiam. The defendant appeals his conviction
for possession of a short barrel shotgun in violation of 26
U.S.C. 5861(d), contending that the gun was found as the
result of a pretextual stop of his vehicle by the police.
Because this case is controlled by the recent decision in
Whren v. United States, 116 S.Ct. 1769 (1996), we affirm the
judgment below.
Affirmed. Loc. R. 27.1.
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