United States v. Ositadima Igbo

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ositadima IGBO, Defendant-Appellant. No. 95-56039. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Ositadima Igbo appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Igbo is serving a 121-month sentence imposed after a jury convicted him of conspiracy and drug offenses in violation of 21 U.S.C. §§ 846 , 841(a)(1). First, he argues that, because there is no meaningful distinction between cocaine and cocaine base, the rule of lenity required the district court to sentence him to the lesser penalties warranted for offenses involving the former. Second, he contends the district court erred by sentencing him to 121 months on Counts I and III. Finally, Igbo asserts that his counsel was ineffective because he…