DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181071P.pdf 09/11/2019 United States v. Momodu Babu Sesay
U.S. Court of Appeals Case No: 18-1071
and No: 18-1979
and No: 18-3046
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Colloton, Author, with Kelly and Erickson, Circuit Judges]
Criminal case - Criminal law and sentencing. Evidence was sufficient to
support defendants Sayonkon's and Samaan's convictions for conspiracy to
commit bank fraud, and there was no variance between the indictment for a
single conspiracy and the proof at trial; police search of a motel's guest
registry did not violate Samaan's Fourth Amendment rights as he had no
legitimate expectation of privacy in the identification card he provided
at registration; evidence was sufficient to support defendant Samaan's
conviction for aggravated identity theft; when an offender knowingly uses
a means of identification of another person, the phrase "another person,"
includes both the living and the dead, and the government is not obligated
to prove the person whose identity was stolen was living; no error in
applying a leadership role enhancement in sentencing defendant Sayonkon;
the district court properly calculated the amount of loss for sentencing
defendant Samaan; defendant Sesay's below-guidelines sentence was not
substantively unreasonable.