United States v. Gregory Garcia
855 F.3d 615
| 4th Cir. | 2017Background
- Garcia, a lawful permanent resident, applied for naturalization (Form N-400) and underwent USCIS testing and interviews on May 31, 2006 (Officer Rucienski) and November 9, 2006 (Officer Winn); he passed civics and later language testing.
- Between those interviews, Garcia was indicted (Aug. 23, 2006) and arrested (Sept. 15, 2006) on federal fraud charges; he later pleaded guilty to two counts.
- On November 9, 2006 Garcia signed an N-400 that did not disclose the 2006 federal indictment/arrest and certified the form under penalty of perjury.
- USCIS approved Garcia’s application; at the August 14, 2007 oath ceremony he signed Form N-445 stating no new arrests since his “first interview,” disclosing only a speeding ticket, and became a citizen that day.
- In 2015 Garcia was charged with two counts under 18 U.S.C. § 1425(a) for knowingly procuring naturalization by false statements; he was convicted by a jury and lost post-trial motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Garcia knowingly made false statements on Nov. 9, 2006 (Count 1) | Government: signing the false N-400 and omitting recent federal charges shows knowledge and intent | Garcia: Officer Winn did not ask about criminal history on Nov. 9, so no knowing false statement at that interview | Held: Sufficient evidence; signing the form and prior instruction to bring records supported a finding of knowing misstatement |
| Whether Form N-445 was false because Garcia was first "interviewed" on May 31, 2006 (Count 2) | Government: May 31 meeting with Rucienski was an initial naturalization interview (tests + review) so later omission was false | Garcia: May 31 was only testing, not an “interview”; first interview was Nov. 9, so Form N-445 was truthful | Held: Sufficient evidence that May 31 was an initial interview; conviction upheld |
| Whether judicial notice of USCIS website excerpt was improper | Government: site is an indisputably accurate government source describing naturalization procedures | Garcia: Judicial notice improperly supported government’s view of what counts as an "interview" | Held: Judicial notice was proper (government website is an accurate source); any error would be harmless |
| Whether district court erred in denying judgment of acquittal/new trial | Garcia: verdict against great weight / insufficient evidence | Government: ample evidence of falsity and intent for both counts | Held: Denials affirmed; evidence supports convictions and jury verdict was not against weight of evidence |
Key Cases Cited
- United States v. Pasillas-Gaytan, 192 F.3d 864 (9th Cir. 1999) (misstating criminal record can violate § 1425)
- United States v. White, 810 F.3d 212 (4th Cir. 2016) (standard of review for sufficiency of the evidence/Jackson review)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (evidentiary standard for conviction review)
- United States v. Parker, 790 F.3d 550 (4th Cir. 2015) (new trial review standard)
- United States v. Smith, 451 F.3d 209 (4th Cir. 2006) (rare-circumstance standard for overturning jury verdict)
- Hall v. Virginia, 385 F.3d 421 (4th Cir. 2004) (judicial notice of government website materials)
- Garling v. U.S. Envtl. Prot. Agency, 849 F.3d 1289 (10th Cir. 2017) (judicial notice of federal website content)
- Swindol v. Aurora Flight Sci. Corp., 805 F.3d 516 (5th Cir. 2015) (judicial notice of government website materials)
- United States v. Johnson, 617 F.3d 286 (4th Cir. 2010) (harmless-error analysis for evidentiary rulings)