United States v. John William Fry
Opinion
Opinion
Clifton, J.
John William Fry sought habeas relief under 28 U.S.C. § 2255 , arguing that his counsel had ineffectively assisted him by not informing him that he could be deported if convicted, and by not objecting to the district court’s use of a preponderance-of-the-evidenee standard at sentencing. The district court denied the petition. We affirm.
I. BACKGROUND
Fry was a salesperson at Legendary Concepts, where he participated in a fraudulent telemarketing scheme. In April 1997, he was convicted by a jury of conspiracy to commit wire fraud, of wire fraud, and of aiding and abetting. At sentencing, the district court found by a preponderance of the evidence that the amount of loss attributable to Fry was $4,822,279, resulting in an increase of thirteen levels under the sentencing guidelines. The court sentenced Fry to 46 months of imprisonment and ordered restitution in the amount of $1,928,911. We affirmed Fry’s conviction and sentence on appeal. United States v. Hanley, 190 F.3d 1017 (9th Cir.1999).
In June 2000, the Immigration and Naturalization Service began proceedings to deport Fry, a Canadian citizen, for having been convicted of an aggravated felony.