United States v. Qing Chang Jiang, AKA Frank Jiang

472 F.3d 1162 UNITED STATES of America, Plaintiff-Appellee, v. Qing Chang JIANG, aka Frank Jiang, Defendant-Appellant. No. 05-10671. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 5, 2006. Filed January 10, 2007. Richard B. Mazer and Kari E. Hong, Law Offices of Richard B. Mazer, San Francisco, CA, briefed for the appellant. Ms. Hong argued for the appellant. Hartley M.K. West, Assistant United States Attorney, San Francisco, CA, briefed and argued for the appellee. Appeal from the United States District Court for the Northern District of California; Ronald M. Whyte, District Judge, Presiding. D.C. No. CR-03-20005-RMW. Before: BRIGHT, * D.W. NELSON, and BERZON, Circuit Judges. D.W. NELSON, Senior Circuit Judge: 1 Qing Chang Jiang ("Jiang"), a Chinese citizen, appeals his conviction for intentionally making a materially false statement to a federal agent in violation of 18 U.S.C. § 1001 (a)(2). Jiang argues there was insufficient evidence to prove the elements of the crime beyond a reasonable doubt. We agree and reverse Jiang's conviction. I. FACTUAL & PROCEDURAL BACKGROUND 2 Jiang came to the United States to establish an export business. For…