United States v. Karaouni, 379 F.3d 1139 (9th Cir. Aug. 24, 2004) ("There are three essential elements of a 911 violation. The government had the burden of proving beyond a reasonable doubt that: (1) Karaouni made a false claim of U.S. citizenship; (2) his misrepresentation was willful (i.e. voluntary and deliberate); and (3) it was conveyed to someone with good reason to inquire into his citizenship status. United States v. Romero-Avila, 210 F.3d 1017, 1020-21 (9th Cir.2000); Chow Bing Kew v. United States, 248 F.2d 466, 469 (9th Cir.1957). It is the first element that is at issue on appeal. The first two elements are explicitly set forth in the statute: "Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both." 18 U.S.C. 911. The third element is a limiting construction that we have adopted in response to First Amendment overbreadth challenges. See United States v. Esparza-Ponce, 193 F.3d 1133, 1137-38 (9th Cir.1999); Smiley v. United States, 181 F.2d 505, 507-08 (9th Cir.1950).").

jurisdiction: 
Ninth Circuit

 

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