Akpa

MEMORANDUM ***

Amachi Uzoigwe Akpa, a.k.a. Simon Akpa, appeals his convictions on four counts of wire fraud in violation of 18 U.S.C. § 1343 , and five counts of mail fraud in violation of 18 U.S.C. § 1341 . Akpa raises three issues. First, he contends the district court abused its discretion under FedR.Evid. 403 and 404(b) in admitting Exhibit 11, a summary exhibit of previous insurance claims, which claims were filed by Akpa with various insurance companies, but not included as fraudulent or false claims in the indictment. Second, he contends the district court committed plain error in providing the limiting instruction given to the jury upon the admission of Exhibit 11. Third, he contends the district court erred in calculating his sentence in light of the U.S. Supreme Court’s intervening decision in Blakely v. Washington, — U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and our decision in United States v. Ameline, 376 F.3d 967 (9th Cir.2004). We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We affirm Akpa’s convictions and remand to the district court for re-sentencing.

The parties are familiar with the facts and we do not recount them here. We…