Evidence Supported Conviction for Impersonating Border Patrol Agent

United States v. Ramos-Arenas, ___ F.3d ___ , No. 09-2165 (10th Cir. 2010)
Evidence was sufficient to uphold conviction for impersonating an officer. Defendant’s driving and speeding girlfriend was stopped and was being given a $115 ticket when Defendant said he was a Border Patrol agent. State policeman, as a professional courtesy, turned the ticket into a warning when Defendant agreed he would make sure she wouldn’t speed again. First, no plain error in instructing jury without an “intent to defraud” element–9 of 10 circuits do not require the government to prove an intent to defraud. Even if such an intent is an implied element of 18 USC § 912, a jury could find that intent in Defendant’s unsolicited comment that he was a border patrol agent. Second, Defendant obtained a thing of value, by giving the benefit of the ticket dismissal to his girlfriend and elevating himself in her eyes.