Johns

MEMORANDUM **

In his second appeal to this court, Lyle Gerald Johns challenges the sentence imposed by the district court following a jury trial and conviction on numerous drug-related charges. We reject Johns’s arguments in full, but nevertheless remand for limited reconsideration pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). Because the procedural history and underlying facts of this conviction are well known to the parties, we repeat them here only as necessary to explain our decision.

Johns contends that his sentence should be vacated because the judge made factual findings which increased the length of his sentence beyond the maximum authorized by the jury’s conviction. However, because Johns’s arguments were considered and resolved in his prior appeal, further consideration is barred by the “law of the case” doctrine. See Minidoka Irrigation Dist. v. Dep’t of Interior, 406 F.3d 567 , 573 (9th Cir.2005).

We reject Johns’s contention that exceptions to the “law of the case” doctrine permit us to reconsider this court’s prior ruling on the validity of his sentence. In particular, we note that Johns did not present new evidence at resentencing,…