Professional Documents
Culture Documents
No. 15-4306
No. 15-4574
Appeals from the United States District Court for the District
of Maryland, at Greenbelt. Theodore D. Chuang, District Judge.
(8:12-cr-00379-TDC-1; 8:13-cr-00121-TDC-1)
Submitted:
Decided:
PER CURIAM:
Oluwaseun
Sanya
appeals
from
the
sentences
imposed
upon
device
fraud,
access
device
fraud,
and
aggravated
United
States v. Sanya, 774 F.3d 812, 814, 821-22 (4th Cir. 2014).
On
case,
sentenced
the
Sanya
guilty
to
90
plea
months
remained
of
intact
imprisonment.
and
In
the
the
court
case
basis
and
whether
the
consecutive
sentence
was
reasonable.
first
address
the
90-month
sentence
presented
false
and
imposed
for
misleading
testimony
when
He
video
or
photographic
evidence,
as
the
detective
same
day.
Thus,
the
Government
argues,
the
court
was
the
use
of
the
challenged
spreadsheets
at
resentencing,
United States v.
the
evidence
use
of
false
or
misleading
implicates
his
due
see Napue v.
Illinois,
360
U.S.
264,
271
(1959),
because
Sanya
did
not
conclude
considering
that
Detective
the
court
Mengedohts
court
was
aware
that
did
not
testimony
plainly
and
err
the
in
relevant
detective
did
not
have
video
of
because
loss
agreement.
it
introduced
exceeding
that
evidence
and
stipulated
to
argued
in
for
the
an
plea
and
transactions.
that
Sanya
directed
hundreds
of
fraudulent
relevant
information
regarding
Sanyas
conduct.
The
In summary,
we
consider
the
reasonableness
of
the
sentence
This
court
just
reviews
outside,
or
any
significantly
reasonableness,
standard.
criminal
under
sentence,
outside
a
the
whether
Guidelines
deferential
inside,
range,
for
abuse-of-discretion
The
U.S.
at
51.
With
regard
6
to
the
calculation
Gall,
of
the
arguments
for
plain
error.
United
States
v.
Strieper, 666 F.3d 288, 292 (4th Cir. 2012) (internal citations
omitted).
Sanya
only
challenges
the
calculation
of
loss.
The
742 F.3d 184, 192 (4th Cir. 2014) (recognizing that the loss
amount
need
quotation
not
marks
be
determined
omitted)).
We
with
precision
conclude
that
the
(internal
court
was
Mengedohts
Limnios
testimony
spreadsheet
revealed,
could
in
video/photographic evidence.
some
every
way
transaction
be
linked
to
on
the
direct
convicted
credit
card
the
and
defendant
debit
card
of
various
fraud.
742
In Keita, a
charges
F.3d
related
to
186.
At
at
locations,
the
credit
card
numbers
used,
the
amounts
charged, and the banks associated with the credit card numbers.
Id. at 192.
showed
[Keita]
transactions,
conducting
and
that
many
other
of
losses
the
were
listed
traced
fraudulent
through
the
Id.
detective]
explained,
[i]f
had
no
video
of
the
Id.
associated
with
credit
card
numbers
where
the
access
convictions.
device
fraud
and
aggravated
identity
theft
of
calculated
57
months
Sentencing
on
Count
Guidelines
was
within
range.
The
the
Sanyas
properly
sentence
of
24
(prohibiting
courts
from
See 18 U.S.C.
sentencing
individuals
or
reducing
other
sentences
in
light
of
the
violating
18
U.S.C.
1029(a)(2)
run
concurrent
to
the
why
it
is
imposing
sentence.
The
courts
requirement
that
consecutive
reasoning
sentencing
rather
satisfied
court
not
than
concurrent
the
procedural
expressly
reject
v.
Moreland,
437
F.3d
424,
434
(4th
See United
Cir.
2006).
Sentencing judges
any
other
imprisonment,
imposed
the
to
run
case
involving
sentence
for
concurrently,
an
the
undischarged
instant
partially
term
of
may
be
offense
concurrently,
or
5G1.3(d).
The
Guidelines
provision
calling
for
to
undischarged
the
undischarged
sentence
resulted
10
term
of
imprisonment
from
another
offense
if
that
the
is
of
subsections
(a)(1),
(a)(2),
or
(a)(3)
of
1B1.3).
Sanya did not object when the PSR concluded that 5G1.3(d)
rather than 5G1.3(b) applied.
consecutively.
Sanyas Anders brief also suggests that the sentence be
reviewed to determine whether it suffers from vindictiveness for
successfully mounting his first appeal.
.
North Carolina v.
United States v.
Williams, 444 F.3d 250, 254 (4th Cir. 2006) (internal citations
and quotations omitted).
It
does
vindictive.
not
appear
Although
prior
that
to
11
the
his
sentence
first
imposed
appeal,
the
was
court
Sanyas
total sentence,
to
however,
was
reduced
explicitly
effect
negate
refused
Sanyas
to
212
months
171
impose
prior
from
sentence
appellate
that
victory.
would
Thus
in
the
accordance
in
15-4574
with
and
Anders,
have
we
found
have
no
reviewed
meritorious
the
entire
issues
for
that appeal.
We also affirm
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED
12