United States Ninth Circuit

Defendant's convictions under 18 U.S.C. section 1546(a) for fraud and misuse of visas, permits, and other documents are reversed and remanded, where: 1) section 1546(a) cannot be read to criminalize the mere possession of an unlawfully obtained Commonwealth of Northern Mariana Islands driver’s license; and 2) because the government presented no evidence that defendant possessed any other document covered by the statute, his section 1546(a) convictions cannot stand. Defendant's conviction under 18 U.S.C. section 1001(a)(2) for false statement to a federal agent are affirmed, where there was sufficient evidence to support the section 1001(a)(2) conviction.

Appellate Information

• Decided 12/24/2013
• Published 12/24/2013

Judges

• WATFORD

Court

• United States Ninth Circuit

Counsel