UNITED STATES v. IFEJEH (2020)

MEMORANDUM **

Paul Ifejeh appeals the sentence imposed after he pleaded guilty to conspiracy to commit mail and wire fraud in violation of 18 U.S.C. §§ 371, 1341, and 1343. Ifejeh was sentenced to three years in prison and three years of supervised release; he was also ordered to pay $1,201,166.33 in restitution. We affirm in part, vacate in part, and remand.

1. The district court did not clearly err in ordering Ifejeh to pay $1,201,166.33 in restitution. See United States v. Peterson, 538 F.3d 1064, 1074 (9th Cir. 2008) (stating standard of review).¹ The court was required to award restitution to “any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern.” 18 U.S.C. § 3663A(a)(2). The district court reasonably found that Ifejeh was responsible for victim losses on or after August 3, 2005, and it adopted the presentence report’s undisputed calculation of those losses. See United States v. Ameline, 409 F.3d 1073, 1085 (9th Cir. 2005) (en banc) (“[T]he district court may rely on undisputed statements in the PSR at sentencing.”). No further factfinding was required. See Peterson, 538 F.3d at 1077.

2. As the government concedes, the district court erred in imposing conditions of supervised release five, six, and fourteen. See United States v. Evans, 883 F.3d 1154, 1162–64 (9th Cir. 2018). We vacate those conditions and remand to allow the court to impose any alternative conditions it deems appropriate. See United States v. Ped, 943 F.3d 427, 434 (9th Cir. 2019).²

AFFIRMED in part, VACATED in part, and REMANDED.

FOOTNOTES

1.   We assume without deciding that Ifejeh preserved his challenge to the restitution order.

2.   The government’s motion to strike portions of Ifejeh’s opening brief and excerpts of record, Dkt. 37, is granted. Ifejeh’s motion to supplement the record, Dkt. 43, is denied. Ifejeh’s unopposed motion for leave to file under seal, Dkt. 46, is granted.