United States v. Benjamin Ifeanyi Uba

66 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Ifeanyi UBA, Defendant-Appellant. No. 94-50217. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1995. * Decided Sept. 13, 1995. 1 Before: HALL and LEAVY, Circuit Judges, and HOGAN, ** Chief District Judge. 2 MEMORANDUM *** 3 Benjamin Uba appeals his conviction and sentence after resentencing upon remand from this court. He asserts that the district court erred by 1) finding that the government did not breach the plea agreement; 2) denying his request for substitution of counsel; and 3) increasing his offense level based on his leadership role in the offense. He also urges this court to reassign the case to a different judge for resentencing in the event of remand. 4 We have jurisdiction pursuant to 18 U.S.C. Sec. 3742 and 28 U.S.C. Sec. 1291 . We affirm the judgment of the district court. DISCUSSION A. Breach of the Plea Agreement 5 Uba…