United States v. Yoo Taik Kim

MEMORANDUM

Yoo Taik Kim was convicted in a jury trial of seven counts of fraud and false statements on immigration documents. He appeals his conviction on the grounds that the government’s evidence was insufficient. We affirm.

Viewed in the light most favorable to the government, there was sufficient evidence for any rational trier of fact to find that Kim knowingly and deliberately made a false statement or caused a false statement to be made on the 1-129 visa renewal form, in violation of 18 U.S.C. § 1546 (a) and § 1001 (Counts 1 and 2). See United States v. Nevils, 598 F.3d 1158, 1164 (9th Cir.2010) (en banc). Given the evidence that Trans Bay told Kim it would renew the visas of no more than nine workers, the jury could have reasonably concluded that Kim knowingly misrepresented that Trans Bay had authorized the renewal of visas for twenty-five workers.

Likewise, there was sufficient evidence for any rational trier of fact to conclude that Kim made false statements on his naturalization application in violation of 18 U.S.C. § 1546 (a) and § 1001 (Counts 3, 5, 6, and 7). First, there was sufficient evidence that Kim knowingly concealed his employment history on the…