United States v. Moore

612 F.3d 698, 391 U.S. App. D.C. 413, 2010 U.S. App. LEXIS 15311, 2010 WL 2899065
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 27, 2010
Docket06-3085
StatusPublished
Cited by28 cases

This text of 612 F.3d 698 (United States v. Moore) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. Moore, 612 F.3d 698, 391 U.S. App. D.C. 413, 2010 U.S. App. LEXIS 15311, 2010 WL 2899065 (D.C. Cir. 2010).

Opinions

Opinion for the Court filed by Circuit Judge GINSBURG.

Concurring opinion filed by Circuit Judge KAVANAUGH.

GINSBURG, Circuit Judge:

Marlin Moore was convicted of making a materially false statement, in violation of 18 U.S.C. § 1001(a)(2), because he signed a [700]*700false name on a Postal Service delivery-form. Moore admits he willfully signed a false name but argues his conviction must be reversed because no rational jury could have found the false name was “material” to any matter within the jurisdiction of the federal Government. We disagree and affirm his conviction.

I. Background

Inspectors from the United States Postal Service intercepted a package containing powder cocaine and addressed to Karen White, whom the Postal Service believed was a “fictitious person,” at 1315 Shepherd Street N.W. in Washington, D.C. The Postal Service and the Metropolitan Police Department (MPD) organized a “controlled delivery” in order to apprehend the recipient of the package. The MPD got a warrant authorizing them to replace most of the cocaine inside the package with flour, to place a tracking device inside the box, and to monitor the delivery of the package. Neither the MPD nor the Postal Service "knew who would accept the package, but they were prepared to arrest anyone who, after delivery, attempted to open the package or to remove it from the premises.

Postal Inspector Alicia Bumpas, posing as a letter carrier, attempted to hand deliver the package to the indicated address. When no one answered her knock on the door, Bumpas prepared to fill out a Postal Service form notifying the addressee a parcel was waiting and could be obtained by picking it up or by arranging for another delivery. Before Bumpas could complete the form, Moore arrived at the house and used a key to open the front door.

Bumpas told Moore she had an Express Mail package for Karen White, and asked whether White lived there and whether she was home. Moore said White was not home and he would sign for the package. When asked his relationship to White, Moore said he was her boyfriend. Bum-pas asked Moore to sign the delivery form and the Express Mail label and Moore signed the name “Kevin Jones” on each. Moore then took the package, placed it inside the house, shut the door, and left the premises. Soon thereafter he returned to the house and retrieved the package. He was arrested when he attempted to leave with it.

Moore was charged with various drug-related crimes not relevant to this appeal. He was also charged with making a materially false statement about a matter within the jurisdiction of the United States Postal Service, in violation of 18 U.S.C. § 1001(a)(2). Moore admitted at trial that he signed the delivery form and the Express Mail label using a false name. On appeal Moore challenges the sufficiency of the evidence supporting his conviction for making a materially false statement in violation of § 1001.

II. Analysis

Our review of the sufficiency of the evidence supporting the judgment of the district court is limited; we must affirm the jury’s verdict of guilty if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Dykes, 406 F.3d 717, 721 (D.C.Cir.2005). In making this determination, we view the prosecution’s evidence in the light most favorable to the Government and “giv[e] full play to the right of the jury to ... draw justifiable inferences of fact.” Id.

To prove Moore made a statement in violation of 18 U.S.C. § 1001(a)(2), the Government must show he (1) “knowingly and willfully” (2) “[made] any materially false, fictitious, or fraudulent statement or representation” (3) in a “matter within the jurisdiction of the executive ... branch of the Government of the United States.” [701]*701Moore argues only that the Government’s evidence was insufficient to support a finding that his admittedly false statement was “materially false.”

Section 1001 does not define “materially false.” The Supreme Court has said a statement is materially false if it has “a natural tendency to influence, or [is] capable of influencing, the decision of the decisionmaking body to which it was addressed.” United States v. Gaudin, 515 U.S. 506, 509, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995). Many of our sister circuits have adopted a somewhat broader approach to determining materiality, asking not only whether a statement might influence a discrete decision, but also whether a statement might affect in any way the functioning of the government agency to which it was addressed. See, e.g., United States v. Alemany Rivera, 781 F.2d 229, 235 (1st Cir.1985) (“test for materiality under 18 U.S.C. § 1001 is ... whether [the statement] had the capacity to influence a government function”); United States v. Lichenstein, 610 F.2d 1272, 1278 (5th Cir.1980) (“false statement must simply have the capacity to impair or pervert the functioning of a government agency”); United States v. White, 270 F.3d 356, 365 (6th Cir.2001) (“ ‘materiality’ is a fairly low bar.... [T]he government must present at least some evidence showing how the false statement in question was capable of influencing federal functioning.”); United States v. Moore, 446 F.3d 671, 681 (7th Cir.2006) (statement is material if it “has a natural tendency to influence, or ... is capable of affecting, a government function”); United States v. Calhoon, 97 F.3d 518, 530 (11th Cir.1996) (“it is enough if the statements had a natural tendency to influence!] or [were] capable of affecting or influencing a government function”) (internal quotation marks deleted); see also Brogan v. United States, 522 U.S. 398, 403, 118 S.Ct. 805, 139 L.Ed.2d 830 (1998) (§ 1001 at least “protects] the authorized functions of governmental ... agencies from the perversion which might result” from relying upon a false statement); United States v. Sarihifard, 155 F.3d 301, 307 (4th Cir.1998) (stating distinction between discrete decision and general investigation by grand jury is “irrelevant” to materiality).

In determining whether a false statement is material this court has consistently asked whether the statement has a tendency to influence a discrete decision of the body to which it was addressed. See, e.g., United States v. Winstead, 74 F.3d 1313, 1320-21 (1996);

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Bluebook (online)
612 F.3d 698, 391 U.S. App. D.C. 413, 2010 U.S. App. LEXIS 15311, 2010 WL 2899065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-moore-cadc-2010.