U.S. v. KRSTIC

No. 08-30022.

558 F.3d 1010 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Milenko KRSTIC, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2009.


Attorney(s) appearing for the Case

David L. Atkinson, Assistant United States Attorney, Portland, OR, argued the cause for the plaintiff-appellant and filed the briefs. Karin J. Immergut, United States Attorney, District of Oregon, was on the briefs.

Christopher J. Schatz, Assistant Federal Public Defender, Portland, OR, argued the cause for the defendant-appellee and filed the brief.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We are confronted with a thorny question of statutory interpretation to discern whether an alien may be prosecuted for possession of an authentic immigration document obtained by means of a false statement.

I

A

Milenko Krstic, a Serbian national, worked as an engineer in the Bosnian city of Banovici until civil war broke out in 1992. After Bosnian authorities imposed curfews and employment restrictions in Banovici...

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