United States v. Pirela Pirela, No. 14-13767 (11th Cir. 2015)
Annotate this CaseDefendant appealed the denial of his motion for a judgment of acquittal on his conviction for fraud and misuse of a visa, in violation of 18 U.S.C. 1546(a). At issue is the meaning of the phrase “procured by means of,” as it is used in the first paragraph of section 1546(a). The court concluded that a common-sense, practical interpretation of the first paragraph of section 1546(a) criminalizes defendant’s conduct. In this case, a logical nexus is not only present between defendant’s false statement and the ensuing agency action taken on his visa application, but the making of that false statement materially altered the course of the adjudication process. Defendant’s statement was significant to his visa application process. Because defendant's conviction was supported by sufficient evidence, the court affirmed the judgment.
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