Boevink

MEMORANDUM *

Defendant Joseph A. Boevink appeals his conviction for.knowingly and willfully making a false statement in a matter within the jurisdiction of a federal agency, in violation of 18 U.S.C. § 1001 . We affirm.

On an application for a duplicate Merchant Mariner’s Document (MMD), Defendant was asked, “Have you ever been convicted by any court — including military court — for an offense other than a minor traffic violation?” In parenthetical text directly following that question, in type of the same size, the MMD explained: Conviction means found guilty by judgment or by plea and includes cases of deferred adjudication (nolo contendere, adjudication withheld, etc.) or where the court required you to attend classes, make contributions of time or money, received treatment, submit to any manner of probation or supervision, or forgo appeal of a trial court finding.

Defendant answered “no.” In 1995, however, Defendant had pleaded guilty to a charge of burglary in Florida state court and had served six months’ probation pursuant to an order of adjudication withheld. Defendant also had suffered two convictions in 2000, one for possession of drug paraphernalia and the other for…