United States v. Emmanuel Anyanwu

MEMORANDUM

Appellant Emmanuel Anyanwu (“Anyan-wu”) challenges his convictions for making a false statement on an immigration document, conspiring to make a false statement to a federal agency, and aggravated identity theft. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The government demonstrated at trial that Anyanwu used the identification of another to make a false statement in an immigration document, without any legal authority, at a time when he knew that the person existed, in violation of 18 U.S.C. § 1028A. Hence, there was sufficient evidence supporting the conviction. See United States v. Nevils, 598 F.3d 1158, 1164 (9th Cir.2010) (en banc).

2. The government did not constructively amend the indictment by presenting a different conspiracy theory at trial than the one charged in the superseding indictment. Both the district court and the prosecutor explained to the jury that the conspiracy charge alleged Anyanwu conspired to make a false statement to the federal authorities. The government also presented sufficient evidence which supported the conspiracy to make false statements to the United States Customs and Immigration Service with the goal of…