United States v. Adedamola Abimgola Ogungbe

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Adedamola Abimgola OGUNGBE, Defendant-Appellant. No. 93-50760. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1994. Decided Oct. 24, 1994. 1 Before: FLETCHER and FERNANDEZ, Circuit Judges, and SEDWICK, District Judge. * 2 MEMORANDUM ** 3 Adedamola Abimgola Ogungbe appeals his conviction and sentence under the Sentencing Guidelines following his conditional guilty plea to mail fraud ( 18 U.S.C. Sec. 1341 ), access device fraud ( 18 U.S.C. Sec. 1029 (a)(2)), money laundering ( 18 U.S.C. Sec. 1956 (a)(1)), and possession of unauthorized access devices ( 18 U.S.C. Sec. 1029 (a)(3)). He contends that the district court erred by failing to dismiss the indictment against him for pre-indictment delay and prosecutorial vindictiveness, and by ordering him to pay restitution when he did not have the ability to pay it. We affirm. 4 1.…