UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 97-4294
PRINCE LAMONT GILCHRIST,
Defendant-Appellant.
Appeal from the United States District Court
for the Middle District of North Carolina, at Greensboro.
N. Carlton Tilley, Jr., District Judge.
(CR-89-287-G)
Submitted: January 20, 1998
Decided: March 19, 1998
Before WILKINS and NIEMEYER, Circuit Judges, and
BUTZNER, Senior Circuit Judge.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
John Stuart Bruce, Acting Federal Public Defender, Eric D. Placke,
Assistant Federal Public Defender, Greensboro, North Carolina, for
Appellant. Walter C. Holton, Jr., United States Attorney, Benjamin H.
White, Jr., Assistant United States Attorney, Greensboro, North Caro-
lina, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
In 1989, Prince Lamont Gilchrist was charged in a three-count
indictment with possession with intent to distribute cocaine, in viola-
tion of 21 U.S.C. § 841(a)(1) (1994), possession with the intent to dis-
tribute crack cocaine, in violation of 21 U.S.C.§ 841(a)(1) (1994),
and carrying and using a firearm during and in relation to a drug traf-
ficking crime, in violation of 18 U.S.C.A. § 924(c) (West 1994 &
Supp. 1997). In March 1990, Gilchrist pleaded guilty to all three
counts. Gilchrist was sentenced to imprisonment for seventy-three
months for counts one and two and sixty months for count three. In
1996, following the Supreme Court's decision in Bailey v. United
States, 516 U.S. 137 (1995), Gilchrist filed a motion pursuant to 28
U.S.C.A. § 2255 (West 1994 & Supp. 1997), seeking to have his
§ 924(c) conviction set aside. The district court granted the motion
and resentenced Gilchrist on the remaining convictions. The court
increased Gilchrist's sentence of imprisonment from seventy-three
months to 110 months, even though Gilchrist had not sought correc-
tion of his sentence as to his other convictions and he had already
served eighty-three months in prison before he filed his § 2255
motion.
On appeal, Gilchrist contends (1) that the court was without juris-
diction to correct those portions of his sentence that he did not chal-
lenge in his motion; (2) that resentencing deprived him of due
process; and (3) that the Double Jeopardy Clause precluded resen-
tencing him once he served his sentence for the drug crimes. We have
recently resolved all of these issues to the contrary. See United States
v. Smith, 115 F.3d 241 (4th Cir. 1997) (resentencing after drug sen-
tence fully served offends neither double jeopardy nor due process),
cert. denied, ___ U.S ___, 66 U.S.L.W. 3282 (U.S. Oct. 14, 1997)
(No. 97-5789); United States v. Hillary, 106 F.3d 1170 (4th Cir.
1997) (after granting § 2255 motion, court has jurisdiction to resen-
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tence "as may appear appropriate"). Consequently, we affirm the
judgment of the district court. 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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