United States v. Jian Bing Wu

MEMORANDUM

Jian Bing Wu appeals his conviction for conspiracy to commit marriage fraud, in violation of 18 U.S.C. § 371 , and marriage fraud, in violation of 8 U.S.C. § 1325 (c). He challenges the district court’s denial of his motions for judgment of acquittal and his motion for mistrial and dismissal based on a purported Brady / Giglio violation. Wu also challenges the district court’s decision to deliver an Allen charge to the jury. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

We review a district court’s denial of a motion for acquittal de novo, viewing the evidence in the light most favorable to the prosecution to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. See United States v. Riggins, 40 F.3d 1055, 1057 (9th Cir. 1994). Under 8 U.S.C. § 1325 (c), it is a crime to “knowingly enter[ ] into a marriage for the purpose of evading any provision of the immigration laws.” We examine whether, in view of all of the facts and circumstances, the couple “intended] to establish a life together at the time they were married.” Bark v. INS, 511 F.2d 1200, 1201 (9th Cir. 1975). The evidence…