Vacated by Supreme Court, May 16, 2005
Certiorari granted, May 16, 2005
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
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No. 03-4493
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WAYNE ALLEN FLETCHER,
Defendant - Appellant.
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Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard,
District Judge. (CR-02-8-HO)
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Submitted: October 4, 2004 Decided: November 18, 2004
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Before WILLIAMS and SHEDD, Circuit Judges, and Henry E. HUDSON,
United States District Judge for the Eastern District of Virginia,
sitting by designation.
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Affirmed by unpublished per curiam opinion.
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Richard W. Westling, New Orleans, Louisiana, Keith Alan Williams,
Greenville, North Carolina, for Appellant. Frank D. Whitney,
United States Attorney, Anne M. Hayes, Christine Witcover Dean,
Assistant United States Attorneys, Raleigh, North Carolina, for
Appellee.
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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
After a jury trial, Wayne Allen Fletcher was convicted of
numerous crimes he committed while involved in a conspiracy to
overcharge the government for cleanup services rendered after
Hurricane Fran devastated North Carolina. The evidence, viewed in
the light most favorable to the Government, showed that Fletcher
and his cohorts intentionally defrauded the government, and that
Fletcher took various steps to conceal the fraud. Fletcher has
raised several challenges to his conviction and sentence. As to
those issues raised before the district court, we affirm on that
court’s reasoning. (J.A. at 127, 2328-31.) As to the remaining
issues, which were raised for the first time on appeal, we have
carefully reviewed the record and find no reversible error. See
United States v. Olano, 507 U.S. 725, 732 (1993) (holding that
issues raised for the first time on appeal are reviewed for plain
error). We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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