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United States Fourth Circuit


US v. Sarwari, 10-4944

In a prosecution for willfully and knowingly making a false statement on a passport application, the conviction is affirmed, where: 1) the district court did not err in concluding that the Bronston literal truth defense did not entitle the defendant to judgment as a matter of law; 2) the word "father" is not so fundamentally ambiguous that the defendant's claim to be the father of his stepchildren could not provide the basis for a false statement conviction; 3) the evidence was sufficient to find that the defendant understood the question whether he was the father and answered it falsely; and 4) the district court did not err in refusing to give a proposed jury instruction regarding the lack of a statutory definition of the word "father."

Appellate Information

  • Decided 02/09/2012
  • Published 02/09/2012

Judges

  • Diana Gribbon Motz

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Helen Eckert Phillips, Justin Gelfand

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