U.S. v. Dearborn

Dist. Ct. did not err in imposing on remand same 172-month sentence on drug distribution charge, even though defendant argued that Dist. Ct. improperly refused to reconsider during remanded proceeding denial of defendant’s motion to suppress evidence. Defendant waived said argument by failing to raise it in his original appeal. Moreover, issue regarding defendant’s motion to suppress was beyond scope of instant remand, which was limited to reconsideration of his sentence. Also, defendant failed to establish extraordinary circumstances that would support any reconsideration of motion to suppress that involved claim that officer manufactured facts to support finding of probable cause in arrest warrant.