UNITED STATES v. OLADELE (2018)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff-Appellee v. Abiodun Oluwaseye OLADELE Defendant-Appellant

No. 17-2961

Decided: July 09, 2018

Before WOLLMAN, KELLY, and STRAS, Circuit Judges.

Joseph H. Thompson, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN, for Plaintiff-Appellee Shannon Elkins, Assistant Federal Public Defender, Federal Public Defender's Office, Minneapolis, MN, for Defendant-Appellant Abiodun Oluwaseye Oladele, Pro Se

[Unpublished]

Abiodun Oluwaseye Oladele pleaded guilty to one count of bank fraud and received a sentence of 50 months in prison. Oladele challenges his sentence, arguing that the district court ¹ committed procedural error and that his sentence is substantively unreasonable. After a careful review of the record, we reject both arguments, particularly given that the court imposed a below-Guidelines-range sentence. See United States v. Chavarria-Ortiz, 828 F.3d 668, 671–72 (8th Cir. 2016) (approving of a similar explanation for a within-Guidelines-range sentence); United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009) (“[I]t is nearly inconceivable that the court abused its discretion in [sentencing below the Guidelines and] not varying downward still further.”). Accordingly, we affirm the district court’s judgment. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable David S. Doty, United States District Judge for the District of Minnesota.

PER CURIAM.

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