U.S. v. FONTES

No. 04-2237.

415 F.3d 174 (2005)

UNITED STATES of America, Appellee, v. Peter Gomes FONTES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 20, 2005.


Attorney(s) appearing for the Case

Timothy G. Watkins, Federal Defender Office, for appellant.

Nancy Rue, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Rachel E. Hershfang, Assistant United States Attorney, were on brief, for appellee.

Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.


LIPEZ, Circuit Judge.

Defendant-appellant Peter Gomes Fontes ("Fontes") challenges his sentence for drug trafficking crimes on the ground that the district court's finding that the government engaged in sentencing factor manipulation entitles him to a sentence below the statutory mandatory minimum. Specifically, Fontes assails the district court's ultimate conclusion that his predisposition to commit the crimes for which he was convicted prevented the government's...

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