United States v. Leonel Salazar

443 F.3d 1153 UNITED STATES of America, Plaintiff-Appellee, v. Leonel SALAZAR, Defendant-Appellant. No. 04-50392. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 2006. Filed April 10, 2006. Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant. Nguyen-Hong K. Hoang, Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee. Appeal from the United States District Court for the Central District of California; Alicemarie H. Stotler, District Judge, Presiding. D.C. No. CR-03-00026-AHS-2. Before SUSAN P. GRABER, KIM McLANE WARDLAW, and JOHNNIE B. RAWLINSON, Circuit Judges. ORDER 1 Leonel Salazar was convicted under 18 U.S.C. §§ 2 (b) and 2071(a) on Counts 3 and 6 of an indictment charging him with destroying and causing others to destroy documents filed and deposited with the Immigration and Naturalization Service (INS) at the California Service Center (CSC) in Laguna Niguel, California. The CSC receives and processes applications and petitions for immigration from California, Arizona, Nevada, Hawaii, and Guam. Count 3 of the indictment charged Salazar with having willfully and unlawfully…

ORDER

Leonel Salazar was convicted under 18 U.S.C. §§ 2 (b) and 2071(a) on Counts 3 and 6 of an indictment charging him with destroying and causing others to destroy documents filed and deposited with the Immigration and Naturalization Service (INS) at the California Service Center (CSC) in Laguna Niguel, California. The CSC receives and processes applications and petitions for immigration from California, Arizona, Nevada, Hawaii, and Guam. Count 3 of the indictment charged Salazar with having willfully and unlawfully caused the destruction of foreign passports, marriage and birth certificates, and INS applications on March 14 and 15, 2002; and Count 6 of the indictment charged him with having willfully and unlawfully caused the destruction of INS forms-797, INS receipt notices, INS rejection notices, and return mail on April 3 and 4, 2002. Salazar was employed at the CSC as a senior file room supervisor for the Service Center Operations Team (SCOT), an administrative unit made up of employees from three private companies under contract with the INS. As part of an effort to reduce the filing backlog at the CSC, Salazar and other members of SCOT from January to April 2002 shredded…

concurring:

I concur in the result.