United States v. Arleno Moreno Inocencio

Arleno Moreno Inocencio appeals an amended judgment revoking her naturalization pursuant to 8 U.S.C. § 1451 (e) as consequence of her conviction, in a jury trial, for naturalization fraud in violation of 18 U.S.C. § 1425 (b). We affirm.

I.

On September 19, 1996, a jury found Inocencio guilty of three counts of naturalization fraud in violation of 18 U.S.C. § 1425 (b) (Count 1) and 18 U.S.C. § 1015 (Counts 2 & 3). On January 13, 1997, the district Court entered a judgment sentencing Inocencio to three years of probation, and ordering her to pay a $2,000 fíne and a $150.00 special assessment. The government did not call to the attention of the district court the mandate of 8 U.S.C. § 1451 (e), and the court did not, on its own initiative, order the revocation of Inocen-cio’s fraudulent and void naturalization.

On September 21, 1998, two years into Inocencio’s probation, and still asleep, the government filed a “satisfaction of judgment” with the district court, acknowledging that Inocencio had paid the fíne and special assessment. Inocencio’s probation officer reported that she had complied with the conditions of probation and that the period of probation had expired.…