United States v. Mario Santos Quijano

98 F.3d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mario Santos QUIJANO, Defendant-Appellant. No. 95-50596. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 11, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Mario Santos Quijano appeals his conviction and 108-month sentence under the Sentencing Guidelines imposed following his guilty plea to importing a controlled substance and possession with intent to distribute a controlled substance in violation of 21 U.S.C. §§ 952 (a) and 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and remand for resentencing. 3 Quijano contends that the district court abused its discretion by denying his motion for substitution of counsel. This claim lacks merit because any challenge to antecedent constitutional error, if any, was waived by his subsequent guilty plea. See Tollett v.…