United States v. Ralph Leyva, Jr.

Ralph Leyva (“Leyva”), a former asylum officer of the Immigration and Naturalization Service (“INS”), appeals his conviction and sentence for bribery and immigration document fraud in violation of 18 U.S.C. §§ 201 (b)(2)(A) and (B), 1546, and 1001. Leyva argues that the district court erred in refusing to instruct the jury that § 201(b)(2)(B) requires a public official to have used his official position in the commission of a fraud. He also argues that insufficient evidence supported his convictions; the prosecutor made impermissible comments during closing argument; and the district court erred in refusing to grant a downward departure during sentencing. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

I.

During the asylum application process, Cesar Gonzalez (“Gonzalez”), an immigrant from Nicaragua, told an INS officer that he had executed prisoners while serving as a Sandinista soldier. The INS denied asylum to Gonzalez based on the finding that he was a past persecutor. In August 1997, Leyva, an INS asylum officer, offered to help Gonzalez for $1,500. Gonzalez promptly reported the arrangement to government authorities, agreeing to cooperate in an investigation…