United States v. Mandegari

MEMORANDUM *** Yahya Mandegari appeals his conviction on one count of violating 18 U.S.C. § 1543 . Mandegari’s argument that § 1543 does not apply to foreign-issued passports is controlled by United States v. Dangdee, 616 F.2d 1118 (1980). Neither Small v. United States, 544 U.S. 385, 388-89 , 125 S.Ct. 1752 , 161 L.Ed.2d 651 (2005), nor Smith v. United States, 507 U.S. 197, 203-04 , 113 S.Ct. 1178 , 122 L.Ed.2d 548 (1993), is “clearly irreconcilable” with Dangdee. Miller v. Gammie, 335 F.3d 889, 900 (9th Cir.2003) (en banc) (noting standard). Here, the language, statutory context, and history of § 1543 indicates Congress’s intent that this statute should apply to foreign-issued passports, as well as those issued by this country. See Dangdee, 616 F.2d at 1119-20 . Accordingly, we affirm. AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.