Fruto

MEMORANDUM **

Jose De Luna Fruto appeals his conviction for procuring Immigration and Naturalization Service documents by fraud, in violation of 18 U.S.C. § 1546 , on charges arising from his participation in a massive immigration fraud scheme. Fruto first argues that it is the “knowing” possession of a forged or altered entry document that is an offense under the plain meaning of 18 U.S.C. § 1546 (a). He contends that because he did not “know” the 1-551 stamps were counterfeit, he cannot properly be convicted pursuant to § 1546(a). Fruto *373 then alleges that his due process rights were violated when the district court found him guilty of violating § 1546(a) in the absence of evidence establishing each element of the offense. Finally, Fruto argues that the district court failed to determine the proper amount of restitution at his sentencing hearing. We affirm the district court on all three counts.

Fruto’s first argument fails because 18 U.S.C. § 1546 (a) clearly states on its face that it is illegal to counterfeit immigration documents or to procure an immigration document by fraud. The statute does not use the word “and” in discussing the knowledge element necessary to…