United States v. Ijaz Khan

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-4301 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IJAZ KHAN, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:16-cr-00130-LMB-2) Submitted: March 28, 2018 Decided: April 4, 2018 Before NIEMEYER, KING, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Jonathan A. Simms, SIMMS LAW FIRM PLC, Fairfax, Virginia, for Appellant. Dana J. Boente, United States Attorney, Katherine L. Wong, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ijaz Khan was convicted by a jury of all 18 counts of an indictment charging him with citizenship and naturalization fraud and conspiracy (Counts 1-11), 18 U.S.C. §§ 371, 1425 (2012); misuse of evidence of citizenship or naturalization (Count 12), 18 U.S.C. § 1423 (2012); smuggling goods into the United States and conspiracy (Counts 13 and 14), 18 U.S.C. § 545 (2012); mail fraud (Counts 15 and 16), 18 U.S.C. § 1341 (2012); and obstruction of an official proceeding and conspiracy (Counts 17 and 18), 18 U.S.C. §§ 371, 1512 (2012). The district court imposed a below-Guidelines sentence of 36 months’ imprisonment. Khan appeals, challenging the sufficiency of the evidence as to Counts 1-11 and 17 and the procedural reasonableness of his sentence. We affirm. The evidence presented at Khan’s trial, viewed in the light most favorable to the Government, see United States v. Burgos, 94 F.3d 849, 854 (4th Cir. 1996) (en banc), was as follows. In 2002, Vera Lautt—a United States citizen and resident of Oregon— travelled to Pakistan and married Khan, whom she had met on-line the prior year, in a Pakistani civil ceremony. On the Petition for Alien Relative (form I-130) and accompanying forms, Khan wrote “none” in response to questions asking for the names of prior spouses and children. In fact, Khan was then married to a woman in Pakistan named Shabnam and, at the time, had four children with her. Khan’s immigration visa application was approved in 2003. Khan ultimately obtained U.S. citizenship in 2009 and he and Lautt began the process of bringing Shabnam, the children, and Khan’s other family members to the U.S. as well. Although Khan had failed to disclose the existence of his children on the many forms completed 2 before and after his arrival in the U.S., he made a correction to the N-400 (Application for Naturalization), identifying his children as “born out of wedlock.” However, two of his sons later signed sworn statements that Khan was married to Shabnam and that Khan actually had “two wives.” Nevertheless, immigrant visas were granted for Khan’s four oldest children (he fathered two more children with Shabnam during visits to Pakistan while he was married to Lautt). The children were later granted automatic U.S. citizenship. With respect to the smuggling charges (Counts 13, 14, 17 and 18), the Government presented ...

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