United States v. Castillo-Pena
2012 U.S. App. LEXIS 5995
4th Cir.2012Background
- Castillo-Pena was convicted under 18 U.S.C. §911 for falsely representing himself as a U.S. citizen and under §1028A for aggravated identity theft related to that false claim.
- The government showed Castillo-Pena previously admitted Nicaraguan nationality in a 1991 INS proceeding, with fingerprints and a signature matching him.
- During a 2010 ICE interview, Castillo-Pena denied his identity and citizenship, misrepresented his marital history, and claimed another man's birth certificate as his own.
- The government linked the 2010 misrepresentations to years-long efforts to appropriate Erick Cardona’s U.S. citizenship, including attempting to obtain a Cardona passport.
- The district court denied Castillo-Pena’s Rule 29 motion, and the jury returned guilty verdicts on both counts; this court reviews de novo the denial of a judgment of acquittal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of §911 conviction based on willful misrepresentation | Evidence showed a willful misrepresentation of citizenship. | Evidence did not prove a direct claim of citizenship. | Yes; substantial evidence supported willful misrepresentation. |
| Whether Castillo-Pena made a direct claim of U.S. citizenship in the interview | Affirmative response adopted a claim of citizenship. | Response was future-oriented or ambiguous about current citizenship. | Yes; the response was reasonably understood as a direct claim of citizenship. |
| Sufficiency of the §1028A aggravated identity theft conviction | Identity theft proven via use of Cardona’s identity in relation to citizenship claim. | Fails predicate citizenship false-claim element. | Sufficient; predicate §911 established and tied to identity theft. |
Key Cases Cited
- United States v. Burgos, 94 F.3d 849 (4th Cir. 1996) (jury credibility and weighing evidence for verdicts; standard for acquittal review)
- United States v. Karaouni, 379 F.3d 1139 (9th Cir. 2004) (requires direct knowledge or inquiry context for §911 validity)
- United States v. Anzalone, 197 F.2d 714 (3d Cir. 1952) (vacature of citizenship-based §911 conviction when no direct citizenship claim)
- United States v. Franklin, 188 F.2d 182 (7th Cir. 1951) (birthplace alone insufficient to prove citizenship under §911)
- Rodriguez v. United States, 433 F.2d 964 (9th Cir. 1970) (direct assertion of citizenship supports §911 conviction)