United States v. Nepal, No. 17-10228 (5th Cir. 2018)Annotate this Case
After defendant pleaded guilty to violating 18 U.S.C. 1425(a), which prohibits knowingly procuring citizenship contrary to law, the district court revoked his citizenship as part of his sentence. While defendant's appeal was pending the Supreme Court issued Maslenjak v. United States, 582 U.S. —, 137 S. Ct. 1918 (2017), in which it (1) clarified the Government's burden of proof in a Section 1425(a) prosecution and (2) held that qualification for citizenship, notwithstanding any materially false statement, is a complete defense to prosecution. The Fifth Circuit affirmed the judgment, holding that, even post-Maslenjak, the indictment and factual resume provided a sufficient factual basis for defendant's plea and for all statutory elements of Section 1425(a), the offense of conviction. In the alternative, even if the court assumed that the district court's acceptance of the plea was plain error, defendant failed to show that the error affected his substantial rights.