No. 13-4523
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Margaret B. Seymour, Senior
District Judge. (5:08-cr-00944-MBS-1)
Submitted:
Decided:
PER CURIAM:
A
federal
jury
convicted
Sigmund
Diaola
James
of
and
cocaine
base,
in
violation
of
21
U.S.C.
846
and
distribution
of
cocaine,
in
violation
of
21
drug
trafficking
offense,
in
violation
of
18
U.S.C.
to
life
challenged
motion,
relevant
the
the
imprisonment.
district
courts
conduct
use
under
In
courts
of
the
his
denial
first
of
appeal,
his
cross-reference
Sentencing
the
convictions,
but
vacated
the
suppression
for
Guidelines,
and
James
murder
as
and
the
We affirmed
remanded
for
of
applicable
firearm;
offense
responsibility.
and
level
The
the
for
district
failure
to
James
court,
reduce
the
acceptance
of
however,
declined
to
of
life
imprisonment
and
James
now
appeals.
For
the
district
the
courts
interpretation
of
mandate.
governs
what
issues
the
lower
court
is
United
The mandate
permitted
to
Id.
further
constrained
vindictiveness,
by
.
resentencing
the
the
may
proceed
constitutional
controlling
3
bar
statutes,
de
novo,
against
and
the
Sentencing Guidelines.
F.3d 1143, 1149 n.4 (4th Cir. 1995) (citing United States v.
Bell, 5 F.3d 64, 67 (4th Cir. 1993)).
However, the mandate rule also prohibits litigation
of issues decided by the district court but foregone on appeal
or otherwise waived, for example because they were not raised in
the district court.
Moreover, under the mandate rule, any issue that could have
been
but
was
remanded.
not
raised
on
appeal
is
waived
and
thus
not
See
are
adequately
presented
in
the
materials
before this court and argument would not aid in the decisional
process.
AFFIRMED