U.S. v. CHEN

No. 02-10327.

324 F.3d 1103 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Xian Hua CHEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2003.


Attorney(s) appearing for the Case

William C. Bischoff, Hagatna, Guam, for the defendant-appellant.

Karon V. Johnson, Assistant U.S. Attorney, Hagatna, Guam, for the plaintiff-appellee.

Before: SCHROEDER, Chief Judge, GOODWIN, and TASHIMA, Circuit Judges.


SCHROEDER, Chief Judge.

Xian Hua Chen appeals his jury conviction for perjury and making a false statement in violation of 18 U.S.C. §§ 1621 and 1001. The only issue is the materiality of the concededly false statements.

In an application for asylum dated November 27, 2000, Chen stated that he had entered the United States on September 28, 2000, when he arrived in Guam as a crewman on a fishing boat. Under questioning by an INS special agent, Chen...

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