United States v. Kaixiang Zhu, No. 15-4517 (4th Cir. 2017)Annotate this Case
Defendant appealed his convictions for conspiring to commit immigration fraud, and aiding and abetting fraud and misuse of immigration documents. The court concluded that there was no error in excluding the testimony of a witness that defendant argued was material and favorable to the defense; the court need not address the issue of whether bad faith was an element of a compulsory process claim because defendant failed to establish prejudice; and, to the extent that defendant styled his argument as a due process claim, the court likewise rejected it. The court also concluded that the district court did not abuse its discretion in admitting an email listing the names of customers who still wanted to obtain a green card over defendants Federal Rule of Evidence 901 objection; on the record, the district court did not abuse its discretion in admitting the April 24th email as a witness's statement, rather than hearsay from the translator; and the court rejected defendant's argument that the district court improperly interfered with his presentation of a defense by repeatedly interrupting counsel's questions to witnesses and interfering with counsel's closing argument to the jury, essentially taking on the role of a prosecutor. Accordingly, the court affirmed the judgment.