Agwe

United States v. Agwe

Good Law
31 F. App'x 439
United States Court of Appeals for the Ninth CircuitFebruary 22, 2002Nos. 01-50009, 01-50010; D.C. Nos. CR-00-00605-MLR CR-00-00606-MLRCalifornia342 words

Opinion

Lead Opinion

MEMORANDUM **

Emannuel Agwe appeals the 63-month sentence imposed following his guilty plea for conspiracy to possess stolen and forged securities of businesses affecting interstate commerce in violation of 18 U.S.C. § 371 ; possession of stolen, forged securities in violation of 18 U.S.C. § 513 (a); conspiracy to launder money in violation of 18 U.S.C. § 1956 (h); and use of a false social security number in violation of 42 U.S.C. *440 § 408 (a). We have jurisdiction over these consolidated appeals pursuant to 28 U.S.C. § 1291 , and we affirm.

Agwe’s sole contention on appeal is that there was insufficient evidence to support the loss amount resulting in the six-level sentence enhancement imposed by the district court pursuant to U.S.S.G. § 2Sl.l(b)(2). We review the factual findings underlying a sentencing decision for clear error, see United States v. Jordan, 256 F.3d 922, 926 (9th Cir.2001), and deem Agwe’s contention unpersuasive.

The record here shows that Agwe expressly stipulated to a loss amount of $2.5 million in connection with an oral plea agreement, and did not contest the $2.3 million loss amount attributed to him in the presentence report. Furthermore, the record…

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