Cortese v. USA

Case Date: 11/02/1994
Court: United States Court of Appeals
Docket No: 94-1339


November 2, 1994 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________
No. 94-1339

RUSSELL C. CORTESE,

Petitioner,

v.

UNITED STATES OF AMERICA,

Respondent.
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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Robert E. Keeton, U.S. District Judge] ___________________

____________________

Before

Cyr, Circuit Judge, _____________
Bownes, Senior Circuit Judge, ____________________
and Stahl, Circuit Judge. _____________

____________________

Russell C. Cortese on brief pro se. __________________
Donald K. Stern, United States Attorney, and Jeffrey A. Locke, ________________ ________________
Assistant United States Attorney, on brief for appellee.
____________________
____________________



Per Curiam. After a careful review of the record __________

and the briefs of the parties, we agree with the judgment of

the district court for essentially the reasons stated in its

Memorandum and Order, dated March 21, 1994. As for

appellant's claim that the government undercover agents

sought to purchase five kilograms of cocaine solely in order

to trigger the ten-year mandatory minimum term of

imprisonment, it has been waived. In general, we do not

consider an issue that was not presented to the district

court. See Isabel v. United States, 980 F.2d 60, 61 n.1 (1st ___ ______ _____________

Cir. 1992).

Affirmed. ________