US v. Crawford

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Joel S. Trilling, Asheville, North Carolina, for Appellant. Mark T.

Calloway, United States Attorney, Brian Lee Whisler, Assistant

United States Attorney, Charlotte, North Carolina, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

David Eugene Crawford appeals his conviction and sentence fol-

lowing his plea of guilty to conspiracy to possess with intent to dis-

tribute cocaine in violation of 21 U.S.C. § 846 (1994). We affirm

pursuant to the law of the case doctrine. See Columbus-American Dis-

covery Group v. Atlantic Mut. Ins. Co., 203 F.3d 291, 304 (4th Cir.

2000).

Crawford contends that the district court failed to establish a fac-

tual basis for his plea, the Government breached the plea agreement,

and the district court erred in attributing more than five kilograms of

drugs to Crawford. Crawford previously presented each of these argu-

ments to the court in a motion to vacate under 28 U.S.C.A. § 2255.

See United States v. Crawford, No. 97-7138 (4th Cir. Sept. 3, 1998)

(per curiam) (unpublished). Because this Court previously considered

these arguments on the merits and none of the exceptions enumerated

in United States v. Aramony, 166 F.3d 655, 661 (4th Cir.), cert.

denied, 526 U.S. 1146 (1999), apply, we affirm the district court's

order of judgment and conviction.

AFFIRMED

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