United States Second Circuit

Defendant's conviction and sentence for making a false statement on a passport application is affirmed where: 1) 18 U.S.C. section 1542 does not require that the false statement on a passport application be "material"; and 2) the district court did not err in imposing an enhancement for obstruction of justice where defendant's abduction of his children prevented proper legal proceedings from occurring by taking matters completely outside the purview of the administration of justice.

Appellate Information

• Decided 11/10/2009
• Published 11/10/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  CABRANES and SACK, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• B. Alan Seidler, New York, NY, for Defendant-Appellant., Daniel A. Spector, Assistant United States Attorney (Benton J. Campbell, United States Attorney for the Eastern District of New York, and Jo Ann M. Navickas, Assistant United States Attorney, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee.