United States v. Hares Ahmadzai

MEMORANDUM

Hares Ajmal Ahmadzai appeals his conviction for unlawfully procuring United States citizenship in violation of 18 U.S.C. § 1425 (a). Ahmadzai argues that the district court erred in failing to provide the jury with a “specific unanimity” instruction that the jury must unanimously agree on a particular false statement justifying Ah-madzai’s conviction. Because Ahmadzai neither requested a specific unanimity instruction nor objected to the district court’s failure to provide such an instruction, we review this issue for plain error. See United States v. Payseno, 782 F.2d 832, 834 (9th Cir.1986). Plain error is “highly prejudicial” error, id., and requires that Ahmadzai show (1) error, (2) the error is clear and obvious, (3) the error affected his substantial rights, and (4) the error seriously affected the fairness, integrity, or public reputation of the judicial proceedings. See Puckett v. United States, — U.S. -, 129 S.Ct. 1423, 1429 , 173 L.Ed.2d 266 (2009).

Ahmadzai has not shown plain error. It was not clear and obvious error for the trial court to allow the jury to convict Ahmadzai of violating 18 U.S.C. § 1425 (a) without specifying which of Ahmadzai’s particular…