United States v. Nosa Aghedo

MEMORANDUM

Nosa Daniel Aghedo appeals his 57-month sentence and order of restitution in the amount of $1,231,250.91 following his conviction for conspiracy to commit bank fraud in violation of 18 U.S.C. § 1349 and possession of five or more false identification documents in violation of 18 U.S.C. § 1028 (a)(3). We have jurisdiction under 28 U.S.C. § 1291 . We affirm the 57-month sentence that Aghedo received after pleading guilty to these offenses, but vacate and remand the order of restitution.

As part of his plea agreement, Aghedo waived his right to appeal the sentence imposed as long as the term of imprisonment was not greater than 120 months. Aghedo’s appeal of the 57-month sentence is barred by this valid waiver. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir.2011).

The parties stipulated that Aghedo’s waiver of his right to appeal the restitution order was invalid because the plea agreement did not specify, or cap, the amount of restitution. See United States v. Gordon, 393 F.3d 1044, 1050 (9th Cir.2004). At his sentencing hearing, Aghedo challenged the government’s evidence regarding the loss calculations supporting the restitution amount. The evidence of the…