Yarteh v. USA

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Solomon Alfred Yarteh
v. 	Case No. 25-cv-00500-PB-TSM
Opinion No. 2026 DNH 010
United States of America
MEMORANDUM AND ORDER
Solomon Yarteh pleaded guilty to three counts of bank fraud. No. 21-cv-
108, Doc. 157 at 1. He was sentenced to forty months in prison and was
required to pay $411,055.21 in restitution. Id. at 2, 6.
Yarteh has filed a motion pursuant to 28 U.S.C. § 2255. Doc. 1. His
primary argument is that his conviction does not count as an aggravated
felony for immigration-removal purposes, an issue that is not addressable
through a section 2255 motion. To the extent that he challenges the Court’s
restitution award, that issue also cannot be addressed in a section 2255
proceeding. Smullen v. United States, 94 F.3d 20, 26 (1st Cir. 1996). To the
extent that Yarteh complains that the Court improperly used the intended
loss in determining his guideline sentencing range, he is simply wrong.
United States v. Innarelli, 524 F.3d 286, 290 (1st Cir. 2008).
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For the reasons set forth in this order, Yarteh’s section 2255 motion is
denied. I decline to issue a certificate of appealability because Yarteh has not
made a substantial showing of the denial of his constitutional rights.
SO ORDERED.
/s/ Paul J. Barbadoro
Paul J. Barbadoro
United States District Judge
January 26, 2026
cc: 	Counsel of Record
Solomon Alfred Yarteh, pro se
Case 1:25-cv-00500-PB-TSM Document 5 Filed 01/26/26 Page 2 of 2