Submitted October 10, 2014
Appeal from United States District Court for the Northern District of Iowa, Waterloo.
For United States of America, Plaintiff - Appellee: Daniel C. Tvedt, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Northern District of Iowa, Cedar Rapids, IA.
For Eduardo Rodriguez-Ayala, Defendant - Appellant: Rockne Ole Cole, COLE & VONDRA, Iowa City, IA.
Eduardo Rodriguez-Ayala, Defendant - Appellant, Pro se, Natchez, MS.
Before RILEY, Chief Judge, WOLLMAN and BYE, Circuit Judges.
WOLLMAN, Circuit Judge.
Eduardo Rodriguez-Ayala was convicted by a jury on one count of unlawful possession of identity documents, one count of making a false statement in a passport application, two counts of making a false claim to U.S. citizenship, and two counts of aggravated identity theft. He appeals from the judgment entered by the district court, arguing that the evidence was insufficient to support his convictions for making a false claim to U.S. citizenship, in violation of 18 U.S.C. § 911, and for aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1). We affirm.
Rodriguez-Ayala is a citizen of Mexico. He applied for an Iowa identification card using the name Ramon Rodriguez and presented the following identifying documents: a Missouri identification card, a social security card, a falsified U.S. birth certificate, and an employee identification card. Although the original Iowa application did not require him to disclose his citizenship, the completed record of application that he signed indicated that he was a U.S. citizen. Rodriguez-Ayala was issued an Iowa identification card bearing the name Ramon Rodriguez. He used that card and the same falsified U.S. birth certificate to apply for a U.S. passport. The passport application that he signed stated that he was a " citizen or non-citizen national of the United States."
Rodriguez-Ayala's brother is named Ramon Rodriguez. Ramon was born in Mexico and is a Mexican citizen. The falsified U.S. birth certificate used by Rodriguez-Ayala listed Ramon's date of birth and named the men's parents, but it listed a birthplace located in the United States. In the applications for the identification card and passport, Rodriguez-Ayala used a social security number and an address that did not belong to Ramon. Moreover, Ramon did not work for the company shown on the employee identification card that Rodriguez-Ayala presented to obtain the Iowa identification card.
Rodriguez-Ayala appeals the convictions for making a false claim to U.S. citizenship
and for aggravated identity theft, arguing that the evidence was insufficient to support the convictions. We review the sufficiency of the evidence de novo, viewing the evidence in the light most favorable to the verdict. Unit ...