United States v. Ekundayo Erhabor

MEMORANDUM

Ekundayo Ayo Erhabor appeals from the district court’s judgment and challenges the restitution order and 36-month sentence imposed following his guilty-plea conviction for wire fraud, in violation of 18 U.S.C. § 1343 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Erhabor contends that there was insufficient evidence to support the district court’s loss calculation of $260,641.37 under U.S.S.G. § 2B1.1 and restitution order in the amount of $184,334.08. The record reflects that the district court did not clearly err in calculating the amount of loss in light of Erhabor’s factual admissions in his plea agreement and the uncon-tradicted evidence in the presentence report. See United States v. Showalter, 569 F.3d 1150, 1161 (9th Cir.2009) (stipulation in plea agreement provides a sufficient basis for an enhancement); United States v. Charlesworth, 217 F.3d 1155, 1160-61 (9th Cir.2000) (district court can rely on an unchallenged portion of a presentence report). Similarly, because Erhabor did not contest the assertion in the presentence report that restitution should be awarded in the amount of $184,334.08, the district court did not abuse its discretion in…