United States v. Benjamin Uba

15 F.3d 1094 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Benjamin UBA, Defendant-Appellant. Nos. 92-50664, 92-50665. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 21, 1993. Before: FLETCHER, PREGERSON, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Benjamin Uba pled guilty to one count of conspiracy to possess with intent to distribute and import heroin in violation of 21 U.S.C. Secs. 846 and 963. He appeals pro se his conviction and 151-month sentence under the Sentencing Guidelines. 3 We have jurisdiction pursuant to 18 U.S.C. Sec. 3742 and 28 U.S.C. Sec. 1291 . We affirm in part, and reverse and remand in part. BACKGROUND 4 Benjamin Uba, a citizen of Liberia, was indicted by a federal grand jury on May 1, 1992, on five counts arising from an alleged conspiracy to import 2,161 grams of heroin. He was ultimately charged on two counts: (1) importation of heroin in violation of 21…