Defendant's conviction for making and subscribing a false document when he provided a false Social Security number on at least 965 W-2Gs that were provided to him each time he won at least $1,200 at various Detroit-area casinos is affirmed where: 1) because defendant never claimed a good-faith belief that his true Social Security number was not legally required of him, Cheek v. US did not require that the district court give an instruction on good-faith belief; 2) defendant's contention that district court erred by not instructing the jury on the definition of willfulness is without merit; and 3) the record is not sufficiently developed to warrant resolution of defendant's ineffective-assistance claim on direct appeal.
Argued: October 13, 2009
Decided and Filed: December 28, 2009
Opinion by Circuit Judge Gibbons
For Appellant: Richard M. Lustig, Richard M. Lustig Law Office
For Appellee: Jeffrey Bryan Wall, US Department of Justice