In United States v. Munoz, --- F.4th ---, No. 21-10360 (9th Cir. 2023), the Court affirmed the imposition of a two-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(1)(A) on the ground that the offense involved three firearms.
The Court held that a firearm may be counted under § 2K2.1(b)(1) when the defendant’s possession of it violates a specific prohibition under state or federal law. And because the firearm at issue -- a Polymer80, which is typically sold online as a kit of component parts -- was illegal for a felon to possess under state law, the enhancement was proper.
In United States v. Amintobia, --- F.4th ---, No. 20-20039 (9th Cir. 2023), the Court affirmed conviction for attempting to procure naturalization unlawfully, in violation of 18 U.S.C. § 1425(a), and presenting a naturalization application with false statements, in violation of 18 U.S.C. § 1546(a).
This is a long opinion about the materiality standard for a conviction under these statutes based on providing false information in the naturalization process. The Court discussed at length the two alternative ways in which a defendant’s false statements could have mattered to an immigration official and would therefore be material to the immigration decision.
The Court concluded that, on this record, the false information was material and thus affirmed the convictions. If you have a prosecution involving this issue, the opinion is a must read.
