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2023 Supreme(US)(ca7) 474

COURT OF APPEALS FOR THE SEVENTH CIRCUIT
United States – Appellant
Versus
Edwin Agbi – Respondent



United States Court of Appeals For the Seventh Circuit ____________________ No. 22-2573 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. EDWIN AGBI, also known as KAREEM SUNDAY, Defendant-Appellant. ____________________

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:19-cr-00280 — James R. Sweeney II, Judge. ____________________

ARGUED SEPTEMBER 13, 2023 — DECIDED OCTOBER 18, 2023 ____________________

Before FLAUM, RIPPLE, and SCUDDER, Circuit Judges. RIPPLE, Circuit Judge. A jury convicted Edwin Agbi of one count of mail fraud, in violation of 18 U.S.C. § 1341; one count of use of a fictitious name in furtherance of mail fraud, in vi- olation of 18 U.S.C. § 1342; one count of conspiracy to commit mail fraud, in violation of 18 U.S.C. §§ 1341 and 1349; and one count of conspiracy to commit money laundering, in violation of 18 U.S.C. §§ 1956(a)(1) and 1956(h). According to the 2 No. 22-2573 Government’s evidence, Mr. Agbi acted as a middleman in a scheme to use fake online dating accounts to solicit hundreds of thousands of dollars from unwitting elderly people. The district court sentenced him to 57 months’ im- prisonment. Mr. Agbi now submits that the evidence sup- porting each count in the indictment is legally insufficient to support a conviction. He further contends that the dis- trict court erred in employing the obstruction of justice en- hancement to determine the appropriate guidelines sen- tencing range. We now affirm the district court’s judgment. Legally sufficient evidence supports each count of the indictment. The district court appropriately employed the obstruction of justice enhancement. I BACKGROUND A. Facts Edwin Agbi, born and raised in Nigeria but a resident of the United States since 2016, became involved in a scheme with school friends in Nigeria. As part of the scheme, Mr. Agbi’s friends created accounts on an online dating platform for people over the age of fifty, imperson- ated other individuals on that platform, and struck up online relationships with their selected victims. The friends then urged their victims to wire money and send cash, Bitcoin, and gift cards. Mr. Agbi’s apartment in Indi- anapolis acted as a collection point for this revenue. He gave his confederates his address to use but, at least on some occasions, requested that the packages be addressed to pseudonyms such as “Kareem Sunday” or “Kareem No. 22-2573 3 Monday.” On multiple occasions, the victims sent packages containing cash to Mr. Agbi at his apartment, addressing the packages to the fictitious names that Mr. Agbi had suggested. When he received a package, Mr. Agbi took a “cut” and then transferred the remainder into bank accounts in Nigeria. The Government started to uncover this scheme when it received a report of suspicious activity tied to a bank account belonging to another participant in the scheme, Angeles Pala- cios. Palacios had been receiving large sums of money from various individuals, including E.M., a widower tricked into thinking he was in a relationship with a non-existent “Eliza- beth Stevens.” Secret Service agents contacted and inter- viewed E.M.; in the interview, E.M. explained that he was sending money to someone he believed to be “Elizabeth Ste- vens” but whom he had not yet met. E.M. further told the Se- cret Service that he had just prepared a package containing $20,000 in cash to send to “Kareem Sunday” in Indianapolis, whom he believed was a friend of “Stevens.” E.M. mailed the package, and the Secret Service int

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