USA v. Kolawole Onenese, No. 14-20331 (5th Cir. 2015)

 Annotate this Case
Download PDF
Case: 14-20331 Document: 00512968613 Page: 1 Date Filed: 03/13/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-20331 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 13, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. KOLAWOLE MONDAY ONENESE, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-538 Before PRADO, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * Kolawole Monday Onenese appeals the 61-month, within-Guidelines sentence imposed by the district court on remand following this court’s opinion in United States v. Onenese, 542 F. App’x 427 (5th Cir. 2013) (per curiam). The district court’s interpretation of the scope of this court’s remand order is a question of law that is reviewed de novo. 1 “The only issues on remand properly Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * 1 See United States v. Lee, 358 F.3d 315, 320 (5th Cir. 2004). Case: 14-20331 Document: 00512968613 Page: 2 Date Filed: 03/13/2015 No. 14-20331 before the district court are those issues arising out of the correction of the sentence ordered by this court.” 2 As our remand was based upon our determination that a four-level increase pursuant to U.S.S.G. § 2B1.1(b)(2)(B) was not adequately supported by the record, 3 Onenese’s challenges to the calculations of restitution and amount of intended loss go beyond the scope of our remand and were therefore barred from consideration by the district court. 4 Although Onenese contends that Marmolejo was incorrectly decided, we are bound to follow it “[a]bsent an intervening Supreme Court or en banc decision or a change in statutory law.” 5 AFFIRMED. 2 United States v. Marmolejo, 139 F.3d 528, 531 (5th Cir. 1998). 3 Onenese, 542 F. App’x at 429-30. 4 See Lee, 358 F. 3d at 320-21; Marmolejo 139 F.3d at 531. 5 United States v. Treft, 447 F.3d 421, 425 (5th Cir. 2006). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.