United States v. Castillo-Pena, No. 10-5080 (4th Cir. 2012)
Annotate this CaseDefendant was convicted of falsely representing himself to be a U.S. citizen in violation of 18 U.S.C. 911 and of committing identity theft in relation to a false claim of U.S. citizenship in violation of 19 U.S.C. 1028A. At issue was what could constitute a claim of citizenship under section 911. The court held that the "cumulative context" provided a substantial foundation for the jury's conclusion of willful misrepresentation and the jury's verdict was consistent with decisions in other circuits that required a direct claim of U.S. citizenship to sustain a conviction under section 911. Accordingly, the court affirmed the judgment.
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