UNITED STATES v. PETERSON (2020)

United States Court of Appeals, Fourth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Steven Desmond PETERSON, a/k/a Primo, Defendant - Appellant.

No. 19-4631

Decided: March 12, 2020

Before NIEMEYER and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.

Steven Desmond Peterson, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Steven Desmond Peterson seeks to appeal from the district court's order entering an amended judgment in his criminal case to conform with Rutledge v. United States, 517 U.S. 292, 307, 116 S.Ct. 1241, 134 L.Ed.2d 419 (1996) (holding that double jeopardy precludes conviction for both conspiracy and engaging in a continuing criminal enterprise (“CCE”) when the conspiracy was used to prove the CCE), as directed by this court in a prior appeal. Peterson's challenges to his conviction and sentence are foreclosed by the mandate rule. See United States v. Alston, 722 F.3d 603, 606 (4th Cir. 2013). Accordingly, we affirm the amended judgment. United States v. Peterson, No. 3:94-cr-00046-H-3 (E.D.N.C. filed Aug. 15, 2019 & entered Aug. 19, 2019). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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