United States v. Osama Musa Alferahin

BETTY B. FLETCHER,

Circuit Judge.

Osama Musa Alferahin appeals his conviction under 18 U.S.C. § 1425(a) for knowingly procuring naturalization “contrary to law.” The basis for this conviction was Alferahin’s failure to disclose, on an application for permanent resident status, that he had been previously married. On appeal, Alferahin contends that the district court erred by failing to instruct the jury that 18 U.S.C. § 1425(a) contains a requirement of “materiality.” Alferahin further contends that his attorney’s failure to obtain an instruction on the issue of materiality constituted a denial…