US v. Palmer: Palmer, a native of Jamaica, sought citizenship in 2011. As part of that process he was asked (in print and in person) whether he had “ever committed a crime or offense for which you were not arrested.” Palmer answered “no” and became a citizen. But in 2013, Palmer pleaded guilty to a statutory rape in North Carolina that occurred in 2008 – prior to his naturalization process. As a result, he was charged with naturalization fraud in 2021. After unsuccessfully moving to dismiss for preindictment delay and to exclude the evidence of his state conviction at trial, Palmer was convicted and sentenced to six months in prison (to be served concurrently with his state sentence) as well as have his citizenship revoked.
On appeal, the Fourth Circuit affirmed Palmer’s conviction. The court affirmed the denial of the motion to dismiss concluding that Palmer could not demonstrate any prejudice due to the delay. The potential testimony regarding his “cognitive challenges” from his mother – who passed away prior to the federal charges – was not sufficiently specific. The court also noted that there were other sources of similar testimony (friends, coworkers, other family members) and that the “jury hear no shortage of evidence about Palmer’s” challenges. The court affirmed the introduction of evidence relating to Palmer’s prior conviction as well, noting that a state conviction could only be challenged collaterally in such situations due to the complete denial of counsel, not (as Palmer argued) due to ineffective assistance. Finally, the court concluded that the district court did err in limiting the testimony of Palmer’s expert witness regarding his mental capacity, but concluded that any error was harmless.
No comments:
Post a Comment