DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041038P.pdf 08/08/2005 United States v. Olusoji Agboola
U.S. Court of Appeals Case No: 04-1038
and No: 04-2223
District of Minnesota
[PUBLISHED] [Riley, Author, with Loken, Chief Judge, and Smith,
Circuit Judge]
Criminal case - criminal law. Claims of ineffective assistance of
counsel were not fully developed enough to permit review on direct
appeal and would have to be raised in a Section 2255; district court did
not err in admitting investigating agent's testimony at the sentencing
hearing and, to the extent the testimony contained hearsay, the whole of
the agent's testimony provided sufficient indicia of reliability to permit its
consideration; district court did not err in grouping money laundering
counts under 18 U.S.C. Sec. 1956(a)(1)(A) and (B); applying Pirani's
plain error analysis, defendant was not entitled to Booker relief as the
record does not demonstrate that the district court would have imposed a
lesser sentence under an advisory guidelines scheme; district court did not
err in imposing an enhancement for obstruction of justice based on
defendant's efforts to hinder the investigation of his crimes; district court
did not err in calculating the amount of loss caused by defendant's fraud;
district court's order requiring defendant to satisfy certain mortgages was
analogous to restitution and the court did not err in voiding defendant's
fraudulently obtained interest in the mortgages.