United States v. Ufumwen Grace Aguebor

USCA11 Case: 25-11718 Document: 63-1 Date Filed: 06/25/2026 Page: 1 of 4

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11718 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus UFUMWEN GRACE AGUEBOR, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 4:24-cr-00012-RH-MAF-3 ____________________ Before LUCK, LAGOA, and WILSON, Circuit Judges.

PER CURIAM: Defendant-Appellant Ufumwen “Grace” Aguebor appeals her sentence of seventy months imprisonment for conspiracy to commit wire fraud and aiding and abetting aggravated identity USCA11 Case: 25-11718 Document: 63-1 Date Filed: 06/25/2026 Page: 2 of 4

When reviewing for substantive reasonableness, we con- sider the totality of the circumstances under a deferential abuse of discretion standard. Gall v. United States, 552 U.S. 38, 41 (2007). A district court abuses its discretion and imposes a substantively un- reasonable sentence only if it “(1) fails to afford consideration to relevant factors that were due significant weight, (2) gives signifi- cant weight to an improper or irrelevant factor, or (3) commits a clear error of judgment in considering the proper factors.” United States v. Rosales-Bruno, 789 F.3d 1249, 1256 (11th Cir. 2015) (quota- tion marks omitted).

The weight given to any specific § 3553(a) factor is “commit- ted to the sound discretion of the district court.” United States v. Riley, 995 F.3d 1272, 1279 (11th Cir. 2021). The § 3553(a) factors include: the nature and circumstances of the offense, the history and characteristics of the defendant, the seriousness of the crime, the promotion of respect for the law, just punishment, adequate deterrence, and the need to avoid unwarranted sentence dispari- ties. 18 U.S.C. § 3553(a).

Aguebor argues that her sentence was substantively unrea- sonable because the court did not adequately consider her medical needs, including her specialized medical treatment. She was hos- pitalized at age twenty-six, at which time a heart catheter was placed and she began dialysis. After undergoing dialysis three times USCA11 Case: 25-11718 Document: 63-1 Date Filed: 06/25/2026 Page: 3 of 4

25-11718 Opinion of the Court 3 a week for seven years, Aguebor received a kidney transplant in March 2021. In a letter to the probation officer, Aguebor explained that kidney transplant recipients must take immune-suppressant drugs in order to stop their immune system from attacking and re- jecting the new kidney. 1 She asked the court to consider the diffi- culty she would incur in serving her sentence because “no one would choose the Bureau of Prisons (BOP) as a good place to be for someone who has undergone a kidney transplant.”

The district court imposed its sentence after properly con- sidering the relevant § 3553(a) factors, including Aguebor’s medical needs. At the sentencing hearing, Aguebor raised her concern with the BOP’s ability to maintain her medication regimen. The court agreed to ask the probation office to coordinate her medication reg- imen with the BOP before she self-surrendered, and also explained it could extend the self-surrender deadline if necessary. The court further told Aguebor it would recommend a designation at a fed- eral medical facility and it had no “reason to think that the [BOP] would be unable, too short-staffed to be able to deal with it.”

The court considered Aguebor’s medical needs, as seen at the sentencing hearing. And the weight given to any of the § 3553(a) factors is up to the discretion of the district court. Riley,

USCA11 Case: 25-11718 Document: 63-1 Date Filed: 06/25/2026 Page: 4 of 4

AFFIRMED.