Defendant's conviction and sentence for making a false statement on a passport application is affirmed where: 1) 18 U.S.C. section 1542 does not require that the false statement on a passport application be "material"; and 2) the district court did not err in imposing an enhancement for obstruction of justice where defendant's abduction of his children prevented proper legal proceedings from occurring by taking matters completely outside the purview of the administration of justice.
Argued: October 6, 2009
Decided: November 10, 2009
Opinion by Judge Cabranes
B. Alan Seidler, New York, NY
Daniel A. Spector, Jo Ann M. Navickas, Assistant United States Attorneys, Brooklyn, NY