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U.S. v. ASHUROV

No. 12-2711.

726 F.3d 395 (2013)

UNITED STATES of America, Appellant v. Zavkibeg ASHUROV.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 12, 2013.

Attorney(s) appearing for the Case

Robert A. Zauzmer , Anthony J. Wzorek [argued], Office of the United States Attorney, Philadelphia, PA, for Appellant United States of America.

Leigh M. Skipper , Brett G. Sweitzer [argued], Federal Community Defender Office, Philadelphia, PA, for Appellee Zavkibeg Ashurov.

Before: SLOVITER, FUENTES, and ROTH, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

After a jury convicted Zavkibeg Ashurov of presenting a materially false statement in an immigration form, the District Court entered a judgment of acquittal, concluding that the statute of conviction required, but that the Government had not proved, that the statement was made under oath. The relevant statute punishes

[w]hoever knowingly makes under oath, or ... under penalty of perjury...

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