US v. Sherif Akande
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:12-cr-00288-RWT-2 Copies to all parties and the district court/agency. .. [14-4907]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
SHERIF AKANDE, a/k/a Sharif Akande, a/k/a Reef, a/k/a Reef
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
November 25, 2015
December 7, 2015
Before MOTZ and THACKER, Circuit Judges, and HAMILTON, Senior
Affirmed by unpublished per curiam opinion.
William A. Mitchell, Jr., BRENNAN MCKENNA MANZI SHAY LEVAN
Rosenstein, United States Attorney, Thomas P. Windom, David I.
Salem, Assistant United States Attorneys, Greenbelt, Maryland,
Unpublished opinions are not binding precedent in this circuit.
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following his plea of guilty to conspiracy to commit bank fraud,
two counts of bank fraud, and aggravated identity theft.
Sentencing Guidelines range.
The Government contends that any
such errors would be harmless even if they occurred, because
they had no effect on the sentence the district court imposed.
We agree with the Government and affirm the district court’s
We may proceed directly to an assumed error harmlessness
United States v. Gomez-Jimenez, 750 F.3d 370, 382
(4th Cir.), cert. denied sub nom. Juarez-Gomez v. United States,
135 S. Ct. 305 (2014), and cert. denied, 135 S. Ct. 384 (2014).
“A Guidelines error is considered harmless if we determine that
(1) ‘the district court would have reached the same result even
if it had decided the guidelines issue the other way,’ and (2)
‘the sentence would be reasonable even if the guidelines issue
had been decided in the defendant’s favor.’”
United States v. Savillon-Matute, 636 F.3d 119, 123 (4th Cir.
In this case, the district court explicitly stated on the
record that it would have given Akande a 199-month sentence even
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district court also discussed each of the applicable 18 U.S.C.
§ 3553(a) (2012) sentencing factors in detail and explained at
length why it considered a 199-month sentence necessary.
deferential standard of review we apply when reviewing criminal
sentences, Gall v. United States, 552 U.S. 38, 41, 51 (2007), we
conclude that Akande’s sentence would be reasonable even if all
Matute, 636 F.3d 119 at 124.
Therefore, both prongs of the
Guidelines calculation was harmless.
Accordingly, we affirm the judgment of the district court.
this court and argument would not aid the decisional process.
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