United States v. Maria De Jesus Zoriana


Case: 19-11582 Date Filed: 06/12/2020 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-11582 Non-Argument Calendar ________________________ D.C. Docket No. 1:16-cr-00436-AT-LTW-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARIA DE JESUS ZORIANO, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (June 12, 2020) Before BRANCH, GRANT, and FAY, Circuit Judges. PER CURIAM: Case: 19-11582 Date Filed: 06/12/2020 Page: 2 of 11 Maria Zoriano appeals her convictions for two counts each of identification document fraud and Social Security fraud, arguing that the district court abused its discretion by refusing to give her requested jury instructions on the good faith defense and the definition of the term “counterfeit.” After a thorough review of the record and the parties’ briefs, we affirm. I. A federal grand jury returned an indictment charging Zoriano with two counts of identification document fraud, in violation of 18 U.S.C. § 1028(a)(2) and (c)(1) (Counts 1 and 3), and two counts of Social Security fraud, in violation of 42 U.S.C. § 408(a)(7)(C) (Counts 2 and 4). Specifically, the first superseding indictment alleged that in December 2015, Zoriano knowingly transferred “a fraudulent Resident Alien Card in the name of ‘L.P’” and “a counterfeit Social Security Card in the name of ‘L.P.,’” knowing that the documents were produced without lawful authority (Count 1), and knowingly possessed the counterfeit Social Security card in the name of L.P. with the intent to sell it (Count 2); and that in December 2016, Zoriano knowingly transferred “a fraudulent Resident Alien Card in the name of ‘J.G.’” and “a counterfeit Social Security Card in the name of ‘J.G.,’” knowing that the documents were produced without lawful authority (Count 3), and knowingly possessed the counterfeit Social Security card in the 2 Case: 19-11582 Date Filed: 06/12/2020 Page: 3 of 11 name of J.G. with the intent to sell it (Count 4). Zoriano pleaded not guilty and proceeded to trial. At trial, a government informant testified that in December 2015, Zoriano agreed to sell him a permanent resident card (or “green card”) and a Social Security card for $100. Zoriano asked him for the name, photograph, date of birth, and nationality to use on the identification documents, which he provided. The informant gave Zoriano a made-up name (Luis Perez) and date of birth, and a photograph (which looked nothing like the informant) that a government agent provided. The informant met Zoriano at her apartment and gave her $100 in exchange for a fake green card and fake Social Security card, both in the name Luis Perez. A second government informant testified that on November 30, 2016, he contacted Zoriano and arranged to buy a green card and Social Security card. The informant provided a photograph of himself, his nationality (Mexican), and a made-up name (Juan Garsia) and birth date. The next day, he met with Zoriano and she sold him a fake green card and a fake Social Security ...

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