United States v. Oluwaseyi Sadipe

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Kermit E. Bye. The motion to withdraw as appointed counsel is granted. (UNPUBLISHED) [4376578] [15-2302]--[Edited 03/11/2016 by YML]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2302
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Oluwaseyi Ademola Sadipe
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Ft. Dodge
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Submitted: March 7, 2016
Filed: March 11, 2016
[Unpublished]
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Before LOKEN, MURPHY, and BYE, Circuit Judges.
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PER CURIAM.
After a jury found Oluwaseyi Sadipe guilty of misuse of a social security
number, aggravated identity theft, and falsely claiming United States citizenship, the
district court1 sentenced him to a total of 25 months in prison and 3 years of
1

The Honorable Mark W. Bennett, United States District Judge for the
Northern District of Iowa.
Appellate Case: 15-2302

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Date Filed: 03/11/2016 Entry ID: 4376578

supervised release, and imposed restitution of $2,276.35. On appeal, Sadipe’s
counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging
the sufficiency of the evidence, and Sadipe has filed a pro se supplemental brief.
Following careful review of the record, see United States v. West, 596 F.3d
906, 910 (8th Cir. 2010), we find the evidence--Sadipe’s repeated representations,
and repeated use of his infant son’s social security number, on documents that Sadipe
completed to open and use a checking account in his name--was sufficient to support
his convictions for misuse of a social security number and for identity theft. See 42
U.S.C. § 408(a)(7)(B); 18 U.S.C. § 1028A(a)(1), (c)(11); United States v. Hines, 472
F.3d 1038, 1039-40 (8th Cir. 2007) (per curiam) (aggravated identity theft); United
States v. McKnight, 17 F.3d 1139, 1143 (8th Cir. 1994) (misuse of social security
number). We also find there was sufficient evidence to support the convictions for
falsely claiming United States citizenship based on the information that Sadipe
completed on employment forms. See United States v. Rodriguez-Ayala, 773 F.3d
65, 67 (8th Cir. 2014) (affirming 18 U.S.C. § 911 conviction based on evidence that
defendant signed application stating he was United States citizen and attesting that
all facts in it were true), cert. denied, 136 S. Ct. 85 (2015).
We decline to consider Sadipe’s unspecific and unpreserved pro se arguments
challenging pretrial matters and voir dire, and the record is not adequately developed
to address his broad and undeveloped claim of ineffective assistance. See United
States v. Looking Cloud, 419 F.3d 781, 788-89 (8th Cir. 2005) (absent exceptional
circumstances, claims of ineffective assistance are better raised in 28 U.S.C. § 2255
proceedings). Finally, having reviewed the record under Penson v. Ohio, 488 U.S.
75, 80 (1988), we have found no nonfrivolous issues.
The judgment is affirmed, and counsel’s motion to withdraw is granted.
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Date Filed: 03/11/2016 Entry ID: 4376578