United States v. Allen

Opinion

USCA1 Opinion

[NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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No. 96-1263


UNITED STATES,



                                      Appellee,



                                          v.



                                  CARLTON E. ALLEN,



                                Defendant, Appellant.



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APPEAL FROM THE UNITED STATES DISTRICT COURT



                              FOR THE DISTRICT OF MAINE



                     [Hon. D. Brock Hornby, U.S. District Judge]
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                                 ____________________



                                        Before



                                Torruella, Chief Judge,
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                            Cyr and Stahl, Circuit Judges.
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            Robert A. Levine on brief for appellant.
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            Jay P. McCloskey, United States Attorney, Jonathan  R. Chapman and
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        F.  Mark Terison,  Assistant  United States  Attorneys,  on brief  for
        ________________

        appellee.


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                                   August 22, 1996

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Per Curiam.   The defendant appeals his  conviction
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            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
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            judgment below.



                      Affirmed.  Loc. R. 27.1.
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