United States v. Kuai Li

280 F. App'x 267
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 6, 2008
Docket07-4559
StatusUnpublished
Cited by2 cases

This text of 280 F. App'x 267 (United States v. Kuai Li) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Kuai Li, 280 F. App'x 267 (4th Cir. 2008).

Opinion

PER CURIAM:

A jury convicted Kuai Li of conspiracy to commit naturalization and passport fraud, 18 U.S.C. §§ 371, 1425(b), and 1542, and aiding and abetting the procurement of citizenship or naturalization unlawfully, id. §§ 1425(b) and 2. Li appeals his convictions and sentence. We affirm.

First, Li asserts that the district court erred when it took judicial notice of the guilty plea entered by the corrupt government official that assisted Li in fraudulently obtaining naturalization and thereafter in using the fraudulently obtained naturalization certificate to fraudulently procure his passport. According to Li, the judicial notice of the government official’s guilty plea violated his rights guaranteed by the Confrontation Clause of the Sixth Amendment. Here, the district court did not err when it took judicial notice of the guilty plea because the taking of such notice did not result in the admission of a testimonial statement that would bring into play Li’s rights guaranteed by the Confrontation Clause. See Crawford v. Washington, 541 U.S. 36, 53-54, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004) (holding that the Confrontation Clause bars the “admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination”); cf. Colonial Penn Ins. Co. v. Coil, 887 F.2d 1236, 1240 (4th Cir.1989) (“We hold that these guilty pleas are ‘not subject to reasonable dispute,’ and that these records are properly subject to judicial notice pursuant to Fed.R.Evid. 201(b)(2).”). In any event, any error in the admission of the corrupt government official’s guilty plea was harmless beyond a reasonable doubt because (1) the jury was informed of the guilty plea through other sources, and (2) the judicial notice of the guilty plea helped, rather than hurt, Li, as it buttressed Li’s defense that he lacked the requisite knowledge and intent to be convicted. See United States v. Banks, 482 F.3d 733, 741 (4th Cir.2007) (recognizing that a Confrontation Clause violation may be found on appeal to be a harmless error).

Second, Li asserts that the district court erred when it refused to instruct the jury on the defenses of entrapment by estoppel and good faith. In a related argument, Li asserts that the district court prevented him from presenting a public authority defense. The decision to give or not to •give a jury instruction is reviewed for an abuse of discretion. United States v. Russell, 971 F.2d 1098, 1107 (4th Cir.1992). We review jury instructions to determine whether, taken as a whole, the instructions fairly state the controlling law. United States v. Cobb, 905 F.2d 784, 789 (4th Cir.1990). A “defendant’s right to present a defense is not absolute: criminal defendants do not have a right to present evidence that the district court, in its discretion, deems irrelevant or immaterial.” United States v. Prince-Oyibo, 320 F.3d 494, 501 (4th Cir.2003).

In this case, there was no abuse of discretion. With regard to Li’s public authority defense, a public authority defense was not warranted because there was no evidence that the corrupt government official who issued Li’s fraudulent naturalization documents had the actual authority to do so. See United States v. Fulcher, 250 F.3d 244 (4th Cir.2001) (noting that the defense of public authority requires reasonable reliance upon the actual, as opposed to the apparent, authority of a government official to engage the defen *270 dant in a covert activity). With regard to Li’s request for an entrapment by estoppel instruction, such an instruction was not warranted because there was no evidence that a corrupt government official affirmatively assured Li that his conduct was lawful and that he engaged in that activity with reasonable reliance on those assurances. See United States v. Aquino-Chacon, 109 F.3d 936, 938-39 (4th Cir.1997) (holding that a defendant may raise the defense of entrapment by estoppel “when the government affirmatively assures him that certain conduct is lawful, the defendant thereafter engages in the conduct in reasonable reliance on those assurances, and a criminal prosecution based upon the conduct ensues,” but the defendant “must demonstrate that there was ‘active misleading’ in the sense that the government actually told him that the proscribed conduct was permissible”). With regard to Li’s request for a good faith instruction, we find no abuse of discretion, given that the district court properly instructed the jury on the knowledge elements of the offenses. See United States v. Fowler, 932 F.2d 306, 317 (4th Cir.1991) (refusing to require separate good faith instruction when instruction on specific intent adequate).

Third, Li asserts that the evidence in the record is insufficient to support his convictions. A jury’s verdict must be upheld on appeal if there is substantial evidence in the record to support it. Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680 (1942). “[A]n appellate court’s reversal of a conviction on grounds of insufficient evidence should be confined to cases where the prosecution’s failure is clear.” United States v. Jones, 735 F.2d 785, 791 (4th Cir.1984) (citation and internal quotation marks omitted). In determining whether the evidence in the record is substantial, we view the evidence in the light most favorable to the government and inquire whether there is evidence that a reasonable finder of fact could accept as adequate and sufficient to support a conclusion of a defendant’s guilt beyond a reasonable doubt. United States v. Burgos, 94 F.3d 849, 862 (4th Cir.1996) (en banc). A defendant challenging the sufficiency of the evidence faces a heavy burden. United States v. Beidler, 110 F.3d 1064, 1067 (4th Cir.1997).

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Bluebook (online)
280 F. App'x 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kuai-li-ca4-2008.