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United States v. Ubani

United States District Court, Fifth Circuit

December 18, 2013

UNITED STATES OF AMERICA
v.
CLIFFORD UBANI Criminal No. H-10-416-1

MEMORANDUM AND ORDER

NANCY F. ATLAS, District Judge.

This criminal prosecution is before the Court on Defendant Clifford Ubani's "Motion for Reconsideration of His ยง 2255" ("Motion for Reconsideration") [Doc. # 1024. Ubani argues that he had a plea agreement with the United States to plead guilty to Count One only. Because Ubani's argument is refuted by the record, the Motion for Reconsideration is denied.

Defendant Clifford Ubani was charged with conspiracy to commit health care fraud, conspiracy to defraud the United States and to receive and pay health care kickbacks, and 16 substantive counts of payment and receipt of health care kickbacks. He entered a plea of guilty to all counts in the Superseding Indictment on January 20, 2011. The plea was entered without a plea agreement. See Rearraignment Minutes [Doc. # 212]; Rearraignment Transcript ("Trans.") [Doc. # 278], pp. 3-4; 62. As noted by counsel at the beginning of the rearraignment proceeding, there was a plea agreement in the companion case[1], Criminal Case No. H-09-421, but Ubani entered a plea "straight up to the Indictment" in this case. See Trans., ...


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