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U.S. v. SUAREZ-ROSARIO

No. 00-50373.

237 F.3d 1164 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Florencio SUAREZ-ROSARIO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2001

Attorney(s) appearing for the Case

Robert A. Garcia; San Diego, California, for the defendant-appellant.

Gregory A. Vega; United States Attorney; Audra S. Ibarra; Assistant United States Attorney (argued); and Michael G. Wheat; Assistant United States Attorney (on brief); San Diego, California, for the plaintiff-appellee.

Before: STEPHEN S. TROTT, SIDNEY R. THOMAS and MARSHA S. BERZON, Circuit Judges.

Argued and Submitted January 11, 2001 — Pasadena, California.

THOMAS, Circuit Judge:

At issue in this appeal is whether proof of true identity is an essential element of the government's proof for a conviction pursuant to 18 U.S.C. § 1542 for using a passport obtained through the use of a false statement and making a false statement in an application for another passport. We conclude it is not and affirm the judgment of conviction.

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