Filed: Sep. 29, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-20999 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus IBRAHIM MOHAMMED EL ETER, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CR-244-1 - September 29, 1999 Before SMITH, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM:* Ibrahim Mohammed El Eter (El Eter) argues that the evidence presented at his trial was not sufficient to support his
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-20999 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus IBRAHIM MOHAMMED EL ETER, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CR-244-1 - September 29, 1999 Before SMITH, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM:* Ibrahim Mohammed El Eter (El Eter) argues that the evidence presented at his trial was not sufficient to support his c..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20999
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
IBRAHIM MOHAMMED EL ETER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-97-CR-244-1
--------------------
September 29, 1999
Before SMITH, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Ibrahim Mohammed El Eter (El Eter) argues that the evidence
presented at his trial was not sufficient to support his
convictions for making false material statements to
representatives of the Immigration and Naturalization Service
(INS) in connection with his applications to become a naturalized
citizen. El Eter also argues that the evidence was insufficient
to support his convictions for possession of an unlawfully
obtained identification document with the intent to defraud the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-20999
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United States and with using the unlawfully obtained document to
obtain a passport and a visitor’s visa.
There was substantial evidence to show beyond a reasonable
doubt that El Eter received a naturalization certificate as a
result of providing false information about his marital union and
by misrepresenting his criminal history during the application
process. The evidence established that El Eter swore under oath
in the presence of INS officers that Perfecta Bernal was living
with him until the time of his naturalization in 1993, contrary
to the testimony of Bernal, her sister, and El Eter’s girlfriend,
Shelley Fox. There was also evidence presented that El Eter
indicated to state officials that he had been separated from
Bernal during the relevant three-year period.
El Eter further argues that the evidence was insufficient to
support his conviction for falsely stating in his naturalization
application that he had not knowingly committed any crime for
which he had not been charged or arrested. In his 1995 judicial
confession in support of his guilty plea to tampering with
government records, El Eter admitted that on December 1, 1992, he
“intentionally and knowingly with intent to defraud and harm
another, made a false entry in a governmental record.”
An exhibit attached to the judicial confession reflected
that El Eter in his December 1992 application for a Texas
certificate of title on an automobile had represented that the
purchase price for his vehicle was $2700. Also attached to the
judicial confession was a proof-of-loss claim prepared in June
1993, in which El Eter stated that he had paid $13,600+ for the
No. 98-20999
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vehicle. El Eter’s argument that the undated proof-of-loss claim
was not prepared until June 1993 and, thus, the crime had not
been completed when he applied for naturalization in May 1993 has
no merit. El Eter again stated in the questionnaire that he
completed immediately prior to his naturalization in November
1993 that he had not committed a crime. This evidence was
sufficient to prove that El Eter made false statements about his
prior criminal activity in his applications for citizenship.
Viewing the evidence in the light most favorable to the
Government, there was substantial evidence to show beyond a
reasonable doubt that El Eter acted with specific intent in
making false material statements under oath to a representative
of a Government agency. See United States v. Cardenas,
9 F.3d
1139, 1156 (1993); 18 U.S.C. § 1001.
El Eter also argues that the evidence was insufficient to
support his conviction for knowingly possessing an unlawfully
issued identification document, a United States certificate of
naturalization, with the intent to defraud the United States. He
also argues that because the evidence was insufficient to show
that he fraudulently obtained the naturalization certificate, the
Government failed to prove that he used a fraudulent document to
obtain a passport and visitor’s visa.
As previously discussed, the Government proved beyond a
reasonable doubt that El Eter’s naturalization certificate was
obtained based on his fraudulent statements. The evidence also
showed that he used the certificate to obtain a passport and a
visitor’s visa. Viewing this evidence in the light most
No. 98-20999
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favorable to the Government, it showed beyond a reasonable doubt
that El Eter possessed an unlawfully obtained document with the
intent to defraud the United States and that he used the
certificate to obtain a passport and visitor’s visa. See 18
U.S.C. §§ 1028(a)(4), 1542.
The evidence was sufficient to support El Eter’s convictions
on all four counts charged. His convictions are AFFIRMED.