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U.S. v. GARCIA-OCHOA

Nos. 09-4620, 09-4621.

607 F.3d 371 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Josue Osmaro GARCIA-OCHOA, a/k/a Josue O. Garcia, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Josue Osmaro Garcia-Ochoa, a/k/a Josue O. Garcia, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 11, 2010.

Attorney(s) appearing for the Case

ARGUED: John Christian Gardner, Gardner & Mendoza, PC, Virginia Beach, Virginia, for Appellant. James Ashford Metcalfe, Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Neil H. MacBride, United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Senior Judge HAMILTON joined.

OPINION

WILKINSON, Circuit Judge:

Following a bench trial, Josue Osmaro Garcia-Ochoa was found guilty under 18 U.S.C. §§ 1001 and 1546(a) for falsely declaring, on several occasions, that he was a "citizen or national of the United States" or a "lawful permanent resident" on I-9 Employment Eligibility Verification Forms. Although the defendant admits to misrepresenting his immigration status in seeking employment, he challenges the sufficiency...

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