Obayando

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 11 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-776

Plaintiff - Appellee, D.C. No. 2:18-cr-00301-APG-VCF-2 v.

NOSA FRANK OBAYANDO, MEMORANDUM*

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Andrew P. Gordon, District Judge, Presiding

Argued and Submitted May 17, 2024 San Francisco, California

Before: LEE and BRESS, Circuit Judges, and KANE, District Judge.**

Nosa Frank Obayando appeals his convictions for mail theft, unauthorized

use of an access device, and aggravated identity theft stemming from a fraudulent

mail scheme. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742.

We affirm Obayando’s convictions and sentencing enhancement, but vacate the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Yvette Kane, United States District Judge for the Middle District of Pennsylvania, sitting by…