United States v. Okoye, No. 12-2045 (1st Cir. 2013)
Annotate this CaseDefendant stole his older brother's identity to obtain five fraudulent mortgages. Defendant subsequently pleaded guilty to three counts of wire fraud and one count of identity fraud pursuant to a plea agreement. Under to the agreement, Defendant was sentenced to a term of imprisonment and ordered to pay $454,207 in restitution to the two defrauded mortgage companies. The plea agreement also contained an appeal waiver. Defendant appealed, challenging the restitution component of his sentence and arguing that his appeal waiver did not extend to it. The First Circuit Court of Appeals dismissed Defendant's appeal, as the waiver unambiguously encompassed restitution.
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