United States v. Mosherf
United States v. Mosherf
Opinion of the Court
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
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.”
Next, defendants argue that social security cards are not documents which can form the basis for their liability in Counts I, IV, and VI under 18 U.S.C. § 1546(a). Section 1546(a) makes it illegal to procure by fraud or false statement a “visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States.” A social security card is a document that evidences authorization for employment. 8 C.F.R. § 274a.2(b)(1)Cy)(C)(1). Thus, it clearly falls within the “other document prescribed by ... regulation” provision of 18 U.S.C. § 1546.
Defendants challenge an evidentiary ruF ing as well. They argue that the district court erred in refusing to admit extrinsic evidence describing the living conditions in Bangledash. They sought to introduce reference materials from various sources containing information about adverse living conditions in Bangledash to prove that the government’s witnesses, who faced deportation to that country for fraudulently procuring immigration documents with the assistance of the defendants, were biased. Their contention was that these witnesses would testify favorably in order to curry favor with the government and avoid deportation.
We review the district court’s evidentiary ruling for an abuse of discretion, and we reverse only if we find error that more likely than not affected the verdict. United States v. Pang, 362 F.3d 1187, 1191-92 (9th Cir. 2004). Our review of the record satisfies us that the jury heard substantial testimony during cross-examination of the government witnesses which demonstrated reasons for their bias. Several witnesses described attacks they suffered or feared suffering in Bangledash as a result of their political or religious beliefs. One witness was attacked and scarred with weapons; another witness had his house raided by
We finally consider whether the district court erred in considering testimony of Chisty’s uncharged misconduct.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
. In addition, the government may not make charging decisions that discriminate against any class of citizens. United States v. Edmonson, 792 F.2d 1492, 1494 (9th Cir. 1986). Defendants do not claim the charging decision was discriminatory.
. The challenged testimony did not implicate Mosherf. The district court gave limiting instructions to the jury that the testimony should only be considered for the purposes of establishing intent or knowledge on the part of Chisty.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.