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U.S. v. LEYVA

No. 99-50793.

282 F.3d 623 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph LEYVA, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2002.

Attorney(s) appearing for the Case

Richard D. Rome, Van Nuys, California, for the defendant-appellant.

Steven M. Arkow, United States Department of Justice, Criminal Division, Los Angeles, California, for the plaintiff-appellee.

Before: TROTT, THOMAS, and WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge.

Ralph Leyva ("Leyva"), a former asylum officer of the Immigration and Naturalization Service ("INS"), appeals his conviction and sentence for bribery and immigration document fraud in violation of 18 U.S.C. §§ 201(b)(2)(A) and (B), 1546, and 1001. Leyva argues that the district court erred in refusing to instruct the jury that § 201(b)(2)(B) requires a public official to have used his official position in the commission of a...

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