Filed: Aug. 26, 2003
Latest Update: Feb. 22, 2020
Summary: Ali Hussein Addo on brief pro se., Michael J. Sullivan, United States Attorney, and Timothy Q., Feeley, Assistant United States Attorney, on brief for appellee.withdrew $9, 503.75 before the account was closed by the bank.Addo has appealed.Fleet Bank accounts.future fraudulent activity.
Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 00-1202
UNITED STATES,
Appellee,
v.
ALI HUSSEIN ADDO,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. George A. O'Toole, Jr., U.S. District Judge]
Before
Lynch, Circuit Judge,
Campbell and Stahl, Senior Circuit Judges.
Ali Hussein Addo on brief pro se.
Michael J. Sullivan, United States Attorney, and Timothy Q.
Feeley, Assistant United States Attorney, on brief for appellee.
August 26, 2003
Per Curiam. Ali Hussein Addo pled guilty to one
count of defrauding Eastern Bank, in violation of 18 U.S.C. ยง
1344. Addo opened an Eastern Bank bank account using a false
name and identification document, deposited into the account
approximately $30,000 of worthless checks and thereafter
withdrew $9,503.75 before the account was closed by the bank.
Addo has appealed. We affirm.
We first note that Addo erroneously claims that he
entered a conditional plea. That contention is plainly wrong.
See Fed. R. Crim. P. 11(a)(2). And, to the extent that there
was any "condition" to his plea agreement -- and the evidence
on this point is sparse at best -- Addo's description of the
alleged condition is so implausible as to be incredible.
According to Addo, the government agreed not to prosecute him
in any way at any time for fraudulent activity with respect to
Fleet Bank accounts. The government concedes that it agreed
that, in computing "intended loss" for purposes of sentencing
Addo for his scheme to defraud Eastern Bank, it would not
include any loss to Fleet Bank with respect to accounts held in
the name of Farah Kalif Adan and Yusuf Ali. Fleet Bank ATM
cards issued in those names were found in Addo's possession
when he was arrested.
Even were we to accept Addo's contention that any
side agreement covered prosecution and not simply sentencing
-2-
calculation, at best, the agreement could conceivably have
concerned only past fraudulent activity with respect to the
Farah Kalif Adan and Yusuf Ali Fleet Bank accounts and not
future fraudulent activity. And, Addo proffers no evidence
that he has been charged with any fraudulent activity with
respect to these accounts. Therefore, contrary to Addo's
contention, the government has not violated any "condition" to
his plea agreement. Addo's claim that the government agreed to
immunize him from prosecution for any fraudulent activity with
respect to any Fleet Bank account at any time is simply
preposterous.
We have considered the remaining issues raised by
Addo in his appellate brief and conclude they are without
merit.
Addo's motion for an expedited appeal is moot.
Affirmed.
-3-