June 5, 1996

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT



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        No. 95-2340



                                    UNITED STATES,



                                      Appellee,



                                          v.



                                    JOSEPH HEARN,



                                Defendant, Appellant.





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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF NEW HAMPSHIRE



                   [Hon. Steven J. McAuliffe, U.S. District Judge]
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                                        Before



                                Torruella, Chief Judge,
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                          Boudin and Lynch, Circuit Judges.
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            Jonathan R.  Saxe and  Twomey &  Sisti  Law Offices  on brief  for
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        appellant.

            Paul  M.  Gagnon,  United  States  Attorney,  and  Jean  B.  Weld,
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        Assistant United States Attorney, on brief for appellee.





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                      Per  Curiam.      Defendant  pled  guilty  and  was
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            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
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            Cir. 1995).



                      As no substantial question is presented for appeal,



            the judgment below is affirmed.  See Loc. R. 27.1.
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