Mosherf

MEMORANDUM **

Mohammed Mosherf and Shabuddin Chisty appeal from their convictions under 18 U.S.C. § 371 and 18 U.S.C. §§ 1546 (a) and 2. They argue that they should not have been indicted under 18 U.S.C. §§ 1546 and 2, which forbid aiding and abetting another person in obtaining immigration documents through fraud. Instead, they assert that the more appropriate charge would have been 8 U.S.C. § 1324 , because it is more specific to the act of assisting another person who obtains *579 documents by fraud than are 18 U.S.C. §§ 2 and 1546. The later statutes combine general aiding and abetting liability with a statute that criminalizes an array of activity relating to fraud and misuse of immigration documents. Consequently, they ask us to hold that the government was required to indict under the more specific statute.

We decline their invitation. “[Hinder our system of separation of powers, the decision whether to prosecute, and the decision as to the charge to be filed, rests in the discretion of the [prosecutor] unless Congress ... intended that the more specific statute repeal the more general statute.” 1 United States v. Edmonson, 792 F.2d 1492, 1497 (9th Cir.1986) (rejecting…