Second Circuit – Sentencing guidelines: United States v. Oladokun

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United States Court of Appeals for the Second Circuit

Sentencing guidelines — Conspiracy — Enhancements

United States v. Oladokun

23-6141-cr

Judges Bianco, Menashi, and Lee

Background: The defendant-appellant appealed from his conviction of conspiracy to commit bank fraud and conspiracy to commit money laundering. He argues the district court erred in calculating his offense level under the sentencing guidelines when it applied an 18-level enhancement based on the loss amount, a two-level enhancement for 10 or more victims, and a four-level enhancement for his role in an offense involving five or more participants.

Ruling: The Second Circuit affirmed. The court held that, despite the loss amount challenge, the defendant did not challenge the district court’s alternative ground based on the conspiracy guideline, which requires sentencing courts to consider any intended offense conduct when applying enhancements. The Second Circuit further noted that the presentence report identified nine individuals whose identities were stolen and two companies which suffered losses as a result of his scheme. The defendant made no objection to those factual findings at sentencing. Finally, evidence was presented by the prosecutor identifying his co-defendant and four uncharged co-conspirators whose names were saved on the defendant’s phone. While the district court could not identify them by name, the communications contained in the record provided sufficient unique indicia to support the conclusion that there were five or more participants.

Alexander Li, assistant United States attorney, for the appellee; B. Alan Seidler, for the defendant-appellant.

Oral argument audio