USCA1 Opinion
June 5, 1996
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 95-2340
UNITED STATES,
Appellee,
v.
JOSEPH HEARN,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Steven J. McAuliffe, U.S. District Judge] ___________________
____________________
Before
Torruella, Chief Judge, ___________
Boudin and Lynch, Circuit Judges. ______________
____________________
Jonathan R. Saxe and Twomey & Sisti Law Offices on brief for _________________ ____________________________
appellant.
Paul M. Gagnon, United States Attorney, and Jean B. Weld, ________________ ______________
Assistant United States Attorney, on brief for appellee.
____________________
____________________
Per Curiam. Defendant pled guilty and was ___________
sentenced to a 188-month term of imprisonment for violation
of 21 U.S.C. 841(a)(1), 846. On appeal he argues that the
court erred in rejecting his argument of "sentencing factor
manipulation" and refusing to exclude from the calculation of
his sentence certain quantities of "crack" cocaine. After a
careful review of the parties' briefs, the hearing transcript
and other parts of the record, we find no "clear error" in
the district court's determination that defendant failed to
sustain his burden of proving entitlement to such a
reduction. There was no proof of extraordinary governmental
misconduct. See United States v. Montoya, 62 F.3d 1, 4 (1st ___ _____________ _______
Cir. 1995).
As no substantial question is presented for appeal,
the judgment below is affirmed. See Loc. R. 27.1. ________ ___
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