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    United States v. Alaran, 4th Cir. (2007)

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    This document summarizes a United States Court of Appeals case. Festus Alaran was convicted of visa fraud for using a non-immigrant visa to enter the US that was procured by false statements or fraud. Alaran argued on appeal that there was insufficient evidence he knew the visa was fraudulent, and that the district court erred by not giving a "mistake of fact" jury instruction. The Court of Appeals affirmed the conviction, finding there was sufficient evidence of Alaran's guilty knowledge of the visa's falsity. The Court also found the district court did not abuse its discretion by declining the mistake of fact instruction.

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    United States v. Alaran, 4th Cir. (2007)

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    This document summarizes a United States Court of Appeals case. Festus Alaran was convicted of visa fraud for using a non-immigrant visa to enter the US that was procured by false statements or fraud. Alaran argued on appeal that there was insufficient evidence he knew the visa was fraudulent, and that the district court erred by not giving a "mistake of fact" jury instruction. The Court of Appeals affirmed the conviction, finding there was sufficient evidence of Alaran's guilty knowledge of the visa's falsity. The Court also found the district court did not abuse its discretion by declining the mistake of fact instruction.

    Original Description:

    Filed: 2007-07-05 Precedential Status: Non-Precedential Docket: 06-4729

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    This document summarizes a United States Court of Appeals case. Festus Alaran was convicted of visa fraud for using a non-immigrant visa to enter the US that was procured by false statements or fraud. Alaran argued on appeal that there was insufficient evidence he knew the visa was fraudulent, and that the district court erred by not giving a "mistake of fact" jury instruction. The Court of Appeals affirmed the conviction, finding there was sufficient evidence of Alaran's guilty knowledge of the visa's falsity. The Court also found the district court did not abuse its discretion by declining the mistake of fact instruction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    8 views3 pages

    United States v. Alaran, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Festus Alaran was convicted of visa fraud for using a non-immigrant visa to enter the US that was procured by false statements or fraud. Alaran argued on appeal that there was insufficient evidence he knew the visa was fraudulent, and that the district court erred by not giving a "mistake of fact" jury instruction. The Court of Appeals affirmed the conviction, finding there was sufficient evidence of Alaran's guilty knowledge of the visa's falsity. The Court also found the district court did not abuse its discretion by declining the mistake of fact instruction.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-4729

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    FESTUS AWONISE ALARAN,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    T.S. Ellis III, Senior
    District Judge. (1:06-cr-00050-TSE)

    Submitted: May 30, 2007

    Decided:

    July 5, 2007

    Before WILKINSON, KING, and DUNCAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    John O. Iweanoge II, THE IWEANOGES FIRM, P.C., Washington, D.C.,


    for Appellant. Chuck Rosenberg, United States Attorney, Michael J.
    Frank, Special Assistant United States Attorney, Alexandria,
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Festus

    Awonise

    Alaran

    was

    convicted

    for

    using

    or

    attempting to use a non-immigrant visa for entry into the United


    States knowing the visa to have been procured by means of any false
    claim or statement or to have been otherwise procured by fraud, or
    unlawfully obtained, in violation of 18 U.S.C.A. 1546(a) (West
    Supp. 2007) (hereinafter visa fraud).

    Alaran was sentenced to

    time served, which was five months of imprisonment.

    On appeal, he

    argues that: (1) there was insufficient evidence to show he knew


    the visa at issue was fraudulent, and (2) the district court erred
    by declining his instruction on mistake of fact. For the reasons
    that follow, we affirm.
    First, viewing the evidence as required, Glasser v.
    United States, 315 U.S. 60, 80 (1942), we find that there was
    sufficient evidence of Alarans mens rea or guilty knowledge
    regarding the falsity of his visa.

    See United States v. Oloyede,

    982 F.2d 133, 137 (4th Cir. 1992) (discussing guilty knowledge
    element); Bland v. United States, 299 F.2d 105, 108 (5th Cir. 1962)
    (same).

    Second, we do not find that the district court abused its

    discretion in denying Alarans proposed instruction on mistake of


    fact.

    United States v. Ruhe, 191 F.3d 376, 384 (4th Cir. 1999).
    Accordingly,

    fraud.

    we

    affirm

    Alarans

    conviction

    for

    visa

    We dispense with oral argument because the facts and legal

    - 2 -

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    AFFIRMED

    - 3 -

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