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U.S. v. CASTILLO-PENA

No. 10-5080.

674 F.3d 318 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Humberto Jose CASTILLO-PENA, a/k/a Umberto Jose Castillo, a/k/a Erick Rene Cardona-Lajara, a/k/a Ronald Delarocha, a/k/a Oscar Monriel, a/k/a Jimmy Lajara, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 22, 2012.

Attorney(s) appearing for the Case

ARGUED: Whitney E.C. Minter , Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Inayat Delawala , Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff , Federal Public Defender, Caroline S. Platt , Appellate Attorney, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Jeffrey Brian Bender , Special Assistant United States Attorney, Gene Rossi , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge DUNCAN and Judge AGEE joined.

OPINION

WILKINSON, Circuit Judge:

We must address in this case what may constitute a claim of citizenship under 18 U.S.C. § 911. A jury convicted appellant Humberto Jose Castillo-Pena of falsely representing himself to be a United States citizen in violation of 18 U.S.C. § 911 and of committing identity theft in relation to a false claim of U.S. citizenship in violation of 18 U.S.C. § 1028A. The district court denied Castillo-Pena's motion...

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