United States v. Alaa El Beialy

Good Law
539 F. App'x 791
United States Court of Appeals for the Ninth CircuitAugust 30, 201311-50041California2,325 words

Opinion

Opinion

MEMORANDUM

Beialy was caught smuggling $73,126 out of the country, mostly hidden in his luggage, and lied about it when questioned. He was eventually indicted on eighteen counts relating to the currency smuggling, 31 U.S.C. § 5332 (a), making a false statement, 18 U.S.C. § 1001 , using a social security number that was assigned on the basis of false information, 42 U.S.C. § 408 (a)(7)(A), falsely representing a number to be the social security number assigned to him, 42 U.S.C. § 408 (a)(7)(B), structuring transactions to evade currency transaction reporting requirements, 31 U.S.C. § 5324 (a)(3), obtaining naturalization as a United States citizen by making material false statements, 18 U.S.C. § 1425 , and using a passport obtained by false statements, 18 U.S.C. § 1546 (a). He pleaded guilty to the currency smuggling count and false statement count and went to trial on the others. The jury convicted him of two counts of using a social security number that was assigned on the basis of false information, two counts of structuring, and the naturalization count. The jury acquitted on the remaining counts. Beialy appeals his conviction.

I. Brady Violation

Beialy argues that the…

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