152687P.pdf   07/18/2016  United States  v.  Julia Nguyen
   U.S. Court of Appeals Case No:  15-2687
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Gruender, Author,with Murphy and Beam, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Even if the court accepts 
   defendant's argument that the Supreme Court case of Kungys v. United 
   States, 485 U.S. 759 (1988)applies in criminal prosecutions under 18 
   U.S.C. Sec. 1425(a), and guides the determination of what the government 
   must prove to obtain a conviction, the government's instruction fairly and 
   adequately submitted the "materiality" issue to the jury; the instructions 
   also adequately reflected Kungys's treatment of the "procured by" 
   requirement as it applies to the crime of attempted naturalization fraud; 
   evidence was sufficient to support defendant's convictions for attempted 
   naturalization fraud, false use of a social security number,aggravated 
   identity theft,fraudulent receipt of health-care benefits,and four counts 
   of mail fraud; however, her conviction on one of the mail fraud counts 
   must be reversed as the evidence did not establish that she made the 
   mailing in furtherance of her plan; however, since the sentence for this 
   conviction was run concurrently with her other valid convictions for mail 
   fraud, this reversal does not affect her 63-month sentence for mail fraud; 
   on remand the district court should, however, vacate her special 
   assessment on the count; evidence was also sufficient to support the 
   convictions on the remaining counts, including theft of government funds, 
   social-security fraud and making false statements to HUD; no error in 
   imposing an enhancement under Guidelines Sec. 2B1.1(b)(2)(A) for number of 
   victims; sentence was not substantively unreasonable.