Filed: Apr. 21, 2011
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4470 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. STORME ESAN JORDAN, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:06- cr-00404-RWT-2) Submitted: March 31, 2011 Decided: April 21, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael Wein, THE LAW OFFI
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4470 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. STORME ESAN JORDAN, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:06- cr-00404-RWT-2) Submitted: March 31, 2011 Decided: April 21, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael Wein, THE LAW OFFIC..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-4470
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
STORME ESAN JORDAN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:06-
cr-00404-RWT-2)
Submitted: March 31, 2011 Decided: April 21, 2011
Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael Wein, THE LAW OFFICES OF MICHAEL WEIN, Greenbelt,
Maryland, for Appellant. Bryan E. Foreman, Assistant United
States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Storme Esan Jordan pled guilty to effecting
transactions with an access device issued to another, in
violation of 18 U.S.C. § 1029(a)(5) (2006), conspiracy to commit
access device fraud, in violation of 18 U.S.C. § 1029(b)(2)
(2006), and aggravated identity theft, in violation of 18 U.S.C.
§ 1028A (2006). The district court imposed concurrent sentences
of sixty-three months’ imprisonment on the access device counts,
followed by a consecutive twenty-four month term on the identity
theft count. Consistent with the plea agreement, the court also
ordered restitution in the amount of $987,977.00 and forfeiture
of itemized property and currency.
On appeal, counsel has filed a brief pursuant to
Anders v. California,
386 U.S. 738 (1967), noting no meritorious
issues, but nevertheless challenging the sentencing court’s
consideration of hearsay information under Crawford v.
Washington,
541 U.S. 36 (2004), and claiming that counsel may
have provided ineffective assistance by failing to warn Jordan
of the possibility of deportation. See Padilla v. Kentucky, 559
U.S. ,
130 S. Ct. 1473, 1483 (2010). Counsel supplemented
the Anders brief, citing United States v. Leftwich,
628 F.3d
665 (4th Cir. 2010), and requested remand to identify the
precise statute under which the court imposed restitution.
Jordan did not file a pro se supplemental brief. The Government
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declined to file a brief. Finding no reversible error, we
affirm.
First, consideration of reliable hearsay evidence was
not erroneous. United States v. Love,
134 F.3d 595, 607 (4th
Cir. 1998). Furthermore, Crawford has not been held to make the
Confrontation Clause applicable to sentencing. See United
States v. Chau,
426 F.3d 1318, 1323 (11th Cir. 2005); United
States v. Roche,
415 F.3d 614, 618 (7th Cir. 2005); United
States v. Luciano,
414 F.3d 174, 179 (1st Cir. 2005); United
States v. Martinez,
413 F.3d 239, 243-44 (2d Cir. 2005). Next,
the record reveals that Jordan read, reviewed with counsel, and
understood the plea agreement, which specifically provided that
Jordan was subject to possible deportation or other loss of
immigration rights. Furthermore, in his Rule 11 hearing, Jordan
verified his understanding that he faced deportation as a result
of his guilty plea. Finally, we decline counsel’s suggestion
that a remand for identification of the statute under which
restitution was imposed is appropriate. The sentencing court
properly considered the probation officer’s accounting of losses
to the victims, Jordan’s economic circumstances, and the plea
agreement’s stipulation to restitution in imposing an authorized
restitution order.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
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appeal. We therefore affirm Jordan’s conviction and sentence.
This court requires that counsel inform Jordan, in writing, of
his right to petition the Supreme Court of the United States for
further review. If Jordan requests that a petition be filed,
but counsel believes that such filing would be frivolous, then
counsel may move in this court for leave to withdraw from
representation. Counsel’s motion must state that a copy thereof
was served on Jordan. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
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