United States of America v. Robert Earl Cole

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4266
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT EARL COLE,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief
District Judge. (CR-00-274)
Submitted: August 28, 2001 Decided: September 11, 2001
Before WIDENER, LUTTIG, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas N. Cochran, Assistant Federal Public Defender, Greensboro,
North Carolina, for Appellant. Benjamin H. White, Jr., United
States Attorney, Steven H. Levin, Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Robert Earl Cole pled guilty to possession with intent to
distribute cocaine and carrying a firearm during a drug trafficking
crime. For the reasons that follow, we affirm.
On appeal, Cole alleges that the government breached an oral
agreement. We do not find that the district court’s factual
finding that the government did not breach the oral plea agreement
was clearly erroneous. United States v. Conner, 930 F.2d 1073,
1076-77 (4th Cir. 1991). Thus, this claim fails. Although we
grant Cole’s motion to file a pro se supplemental brief, we find no
merit to any of the claims raised therein.
Accordingly, we affirm Cole’s conviction and sentence. 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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