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United States v. Boffil-Rivera

United States Court of Appeals for the Eleventh Circuit

May 27, 2010, Decided; May 27, 2010, Filed

No. 08-16098

Opinion

 [*738]  FAY, Circuit Judge:

Roberto Boffil-Rivera appeals his conviction for making a false statement of material fact in a matter within the jurisdiction of a government agency, in violation of 18 U.S.C. § 1001(a)(2). On appeal Boffil-Rivera argues that the evidence was insufficient to sustain his conviction. Because the government presented evidence that (1) Boffil-Rivera intentionally lied about having "anything to do with . . . pistols," and (2) his false statement was material, the evidence was sufficient to sustain the conviction. Accordingly, we affirm.

I. BACKGROUND

A. Factual  [**2] Background

Boffil-Rivera is a Cuban immigrant who entered the United States illegally on October 20, 2007. He was apprehended by the United States Border Patrol and released from custody under an Order of Supervision pending a removal proceeding. The Order of Supervision, which was signed by Boffil-Rivera, required his compliance with all federal, state, and local laws, and to refrain from possessing firearms. In February 2008, Boffil-Rivera was granted parolee status pending legal permanent residence. Pursuant to his parolee status, he was issued a social security card, a temporary drivers license, and an employment authorization card permitting him to legally work in the United States. Despite Boffil-Rivera's parolee status, the conditions of the Order of Supervision remain applicable until he becomes a legal permanent resident. As a Cuban national, Boffil-Rivera was permitted to apply for legal permanent residence after he had been in the United States for a year and a day. Thus, on the date of his arrest, Boffil-Rivera was not a legal permanent resident.

On May 7, 2008, Boffil-Rivera was a passenger in a car that was stopped by Immigration and Customs Enforcement ("ICE") agents.  [**3] As the agents approached  [*739]  the stopped vehicle, the driver, Yamil Gonzalez-Rodriguez, knocked a holstered handgun off the center console with his elbow onto the floor behind the passenger seat. Boffil-Rivera never touched the weapon during the stop but immediately raised his hands and exited the vehicle pursuant to the ICE agents' orders. The firearm was later identified as a Kahr PM40.

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607 F.3d 736 *; 2010 U.S. App. LEXIS 10838 **; 22 Fla. L. Weekly Fed. C 888

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROBERTO BOFFIL-RIVERA, Defendant-Appellant.

Subsequent History: Rehearing, en banc, denied by United States v. Boffil-Rivera, 408 Fed. Appx. 343, 2010 U.S. App. LEXIS 27362 (11th Cir. Fla., Aug. 3, 2010)

Prior History:  [**1] Appeal from the United States District Court for the Southern District of Florida. D. C. Docket No. 08-20437-CR-DLG.

United States v. Boffil-Rivera, 2008 U.S. Dist. LEXIS 84633 (S.D. Fla., Aug. 12, 2008)

Disposition: AFFIRMED.

CORE TERMS

gun, firearm, Immigration, weapon, district court, parole status, photographs, unlawfully, pictures, deceive, argues, pistol

Criminal Law & Procedure, Standards of Review, De Novo Review, Sufficiency of Evidence, Fraud Against the Government, False Statements, Penalties, Elements, Trials, Burdens of Proof, Prosecution, Possession of Weapons, Unregistered Firearm