US v. Yang

• Decision Date: 10 May 2010
• Docket Number: No. 09-1572.,09-1572.
• Citation: 603 F.3d 1024
• Parties: UNITED STATES of America, Appellee, v. Mingwen YANG, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

603 F.3d 1024

UNITED STATES of America, Appellee, v. Mingwen YANG, Appellant.

No. 09-1572.

United States Court of Appeals, Eighth Circuit.

Submitted: December 16, 2009.

Filed: May 10, 2010.

Lee Richard Johnson, St. Louis Park, MN, for appellant.

David M. Genrich, AUSA, Lee Ann K. Bell, AUSA, on the brief, Minneapolis, MN, for appellee.

Before BYE, BEAM, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Mingwen Yang was charged with conspiracy to commit marriage fraud, in violation of 8 U.S.C. § 1325(c) and 18 U.S.C. § 371, and the substantive offense of marriage fraud (including aiding and abetting), in violation of 8 U.S.C. § 1325(c) and 18 U.S.C. § 2. The case proceeded to trial, and Yang moved for judgment of acquittal at the close of the government's case. The district court¹ denied the motion.

A jury convicted Yang on both counts, and the district court sentenced him to one year and one day in prison. Yang appeals the denial of his motion for judgment of acquittal, arguing that the evidence presented by the government was insufficient to convict him on either count. We affirm.

Yang is a Chinese citizen who entered the United States in April 2007 on a K-1 visa. This is a non-immigrant visa that permits an alien who is engaged to marry a United States citizen to enter the country for the purpose of marrying the citizen. Yang's fiancée, and the sponsor of his entry into the United States, was a United States citizen named Nou Chang, who resided in Minnesota. The relationship between Yang and Chang was facilitated by a man named Le Wu. Wu introduced the couple, arranged two trips to China for Nou Chang to meet with Yang, and assisted with the paperwork necessary for Yang's entry into the United States.

The government's theory at trial was that Wu was the leader of a conspiracy to commit marriage fraud, in which United States citizens such as Chang were paid to marry Chinese aliens like Yang. The purpose of these marriages was to obtain entry into the United States for the Chinese aliens. Consistent with this theory, Chang pled guilty to aiding and abetting marriage fraud, and testified at trial against Yang.

The marriage fraud statute provides that "any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws" commits an offense. 8 U.S.C. § 1325(c). The jury was instructed that a conviction for conspiracy to commit marriage fraud required proof beyond a reasonable doubt that there was an agreement or understanding to commit marriage fraud during the relevant time period, that Yang voluntarily and intentionally joined the agreement, that Yang knew the purpose of the agreement when he joined it, and that one or more of the conspirators committed an overt act in furtherance of the agreement. Final Jury Instruction No. 17; see generally United States v. Holloway, 128 F.3d 1254, 1257 (8th Cir.1997). The substantive offense of marriage fraud required proof that Yang knowingly entered into a marriage with a United States citizen, did so for the purpose of evading the immigration laws, and knew or had reason to know of the immigration laws. Final Jury Instruction No. 19; see United States v. Chowdhury, 169 F.3d 402, 406 (6th Cir.1999). The jury was instructed that Yang could be convicted of the substantive offense on a theory of aiding and abetting, if he knew that marriage fraud was being committed, knowingly acted in some way for the purpose of aiding the commission of the offense, and knew or had reason to know of the immigration laws. Final Jury Instruction No. 26; see generally United States v. Hernandez, 301 F.3d 886, 890 (8th Cir.2002).

Yang does not dispute that Wu and Chang entered into a conspiracy to commit marriage fraud, or that Chang acted without any intention of entering into a valid marriage with Yang. Yang contends, however, that the government failed to present sufficient evidence that he had the requisite knowledge and intent to commit the charged offenses. It is logically possible that one party to a marriage can commit fraud while the other party genuinely intends to marry. See United States v. Tagalicud, 84 F.3d 1180, 1185 (9th Cir.1996). The question here is whether a reasonable jury could reject Yang's theory and accept the government's on the evidence in this case.

We review the denial of a motion for judgment of acquittal de novo. United States v. Nolen, 536 F.3d 834, 842 (8th Cir.2008). We will reverse a conviction only if no reasonable jury could have found the defendant guilty beyond a reasonable doubt. Id. We are not free to re-weigh the evidence, and ...