United States v. Attah
Opinion of the Court
SUMMARY ORDER
Defendant-Appellant Benjamin Attah (“Attah”) appeals from his conviction, pursuant to a guilty plea, on charges of bank fraud, 18 U.S.C. § 1344, conspiracy to commit bank fraud, 18 U.S.C. § 1349, and the use of another individual’s identification in order to make false statements to the government, 18 U.S.C. §§ 1028(a)(7), (b)(1)(D), and (c)(3)(A). Attah was sentenced by the district court to, inter alia, fifteen months of incarceration and the payment of approximately $66,000 in restitution. Attah now seeks to have his judgment of conviction vacated, on the ground that his guilty plea was not knowing and voluntary.
We assume the parties’ familiarity with the facts, the procedural history, and the scope of the issues presented on appeal.
Finally, Attah seeks, in a letter supplementing his appellate briefing, to raise a claim that his sentence violated the Sixth Amendment and the Supreme Court’s holding in United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Such a claim is, however, barred by Attah’s waiver, contained in his plea agreement and discussed at his plea allocution, of his right to appeal a term of imprisonment within the stipulated range. See United States v. Morgan, 406 F.3d 135, 137 (2d Cir. 2005); see also United, States v. Fisher, 232 F.3d 301, 304-05 (2d Cir. 2000).
We have considered all of Attah’s contentions on appeal and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court.
Reference
- Full Case Name
- United States v. Benjamin ATTAH, aka Ebenezer K Spio-Bosu
- Status
- Published