United States v. Daniel Osazuwa, Jr.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-50244 Plaintiff-Appellee, v.  D.C. No.

CR-00414-DSF-

DANIEL OSAZUWA, JR.,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding

Argued and Submitted February 2, 2009—Pasadena, California

Filed May 7, 2009

Before: Harry Pregerson, Susan P. Graber, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge Graber COUNSEL

Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant. 5368 UNITED STATES v. OSAZUWA David P. Kowal and Benjamin R. Barron, Assistant United States Attorneys, Criminal Division, Los Angeles, California, for the plaintiff-appellee.

OPINION

GRABER, Circuit Judge:

Defendant Daniel Osazuwa was convicted of assaulting a federal prison guard while he was incarcerated for failing to pay restitution associated with a bank fraud conviction. Defendant and the guard, who were the only two eyewit- nesses, unsurprisingly offered…