Muoi-Ba Le v. United States

972 F.2d 1340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Muoi-Ba LE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-35011. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 17, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Muoi-Ba Le, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his sentence. Le was convicted by jury trial of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846 , and possession with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(B). We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and we affirm. 3 Le contends the disparity in sentences imposed on him and an allegedly more culpable co-defendant proves that he was penalized for exercising his right to…