United States v. Malki, No. 08-4417-cr (2d Cir. June 29, 2010) (Newman, Raggi, Hall, CJJ)
In this rare choice-of-guideline appeal, the circuit vacated the sentence and remanded for resentencing under a different guideline.
Background
Defendant Malki entered the United States illegally in 1978. He eventually obtained political asylum, permanent residence status and United States citizenship, but all under a false identity. In 2003, still using this false identity, he took a job as a translator for a military contractor in Iraq and gave false background information to obtain a security clearance. In connection with this work, Malki had access to classified information, but was not permitted to possess it. Eventually, in connection with a security review, classified documents were found in his apartment, and Malki, when confronted, admitted his false identity.
He ended up pleading guilty to making false statements and naturalization fraud, as well as to four counts of …