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U.S. v. MACIEL-ALCALA

No. 09-50038.

598 F.3d 1239 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto MACIEL-ALCALA, aka Ramon Alfredo Ramirez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2010.

Attorney(s) appearing for the Case

Sean K. Kennedy and Alexandra W. Yates, Federal Public Defenders, Los Angeles, CA, for the defendant-appellant, Alberto Maciel-Alcala.

Thomas P. O'Brien, Christine C. Ewell, and Yvonne L. Garcia, United States Attorneys, Los Angeles, CA, for the plaintiff-appellee, United States of America.

Before: WILLIAM C. CANBY, JR., KIM McLANE WARDLAW and CONSUELO M. CALLAHAN, Circuit Judges.

WARDLAW, Circuit Judge:

Alberto Maciel-Alcala ("Maciel") appeals his conviction of two counts of aggravated identity theft under 18 U.S.C. § 1028A for using a birth certificate belonging to "another person" to procure a U.S. passport in the name of Ramon Ramirez. Having illicitly obtained a U.S. passport, Maciel used it to falsely claim U.S. citizenship upon his arrival from Guadalajara, Mexico, at the Los Angeles International Airport. Maciel moved for judgment...

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