United States v. John William Fry

Bad Law
2003 Daily Journal DAR 3025·322 F.3d 1198·2003 WL 1214402·2003 Cal. Daily Op. Serv. 2389·2003 U.S. App. LEXIS 4832
United States Court of Appeals for the Ninth CircuitMarch 18, 200301-17455California1,227 words

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.

Fry petitioned for…

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