Christopher Lee received a sentence of 118 months’ imprisonment after pleading guilty to five counts of bank fraud, 18 U.S.C. § 1344, and five counts of aggravated identity theft, 18 U.S.C. § 1028A. The district court placed Lee in criminal history category VI, yielding a guidelines sentencing range of thirty-seven to forty-six months’ imprisonment for each of the bank fraud counts, see U.S.S.G. § 2B1.1, and sentenced him to concurrent forty-six-month sentences on those counts. In addition, the court imposed five statutorily mandated terms of twenty-four months’ imprisonment for the aggravated identity theft counts. See 18 U.S.C. § 1028A(a)(l), (b); U.S.S.G. § 2B1.6 (noting mandatory term imposed by statute). The court ran three of the counts consecutively to the forty-six-month bank fraud terms and to each other, and the remaining two concurrently to the other terms. The district court also ordered Lee to pay $58,217.85 in restitution. He appeals, challenging his sentence and the restitution order.
Lee’s challenge to the restitution order is precluded by his plea agreement, which contains a waiver of “all rights to
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appeal all non-jurisdictional issues.” He offers no reason to set aside the waiver, and thus we will not address the issue.
See United States v. Schulte,
Unlike the restitution order, Lee’s plea agreement preserves his right to challenge any sentence exceeding seventy months. We review his sentence for reasonableness.
See United States v. Winston,
A court must adequately explain its decision to impose consecutive sentences.
See Winston,
Accordingly, we affirm the order of restitution but vacate _ Lee’s sentence of imprisonment and remand this case to the district court for resentencing. We retain jurisdiction should there be another appeal and suggest that the district court expedite its resentencing decision.
