Published: Jul 05, 2011 5:17 PM EDT
Updated: Jul 05, 2011 4:17 PM EDT

MIAMI (AP) - A military photographer has rejected a deal that would have averted a federal passport fraud trial.

Elisha Leo Dawkins remained in federal custody Tuesday. The government says the 26-year-old made a false statement in applying for a passport in 2006 because he failed to mention he had previously applied. 

Dawkins is an Iraq Army veteran and served in the Naval Reserves at Guantanamo Bay.

If convicted this month, Dawkins faces up to 10 years behind bars. The prosecutors' deal would have allowed him to avoid trial by participating in a federal probation program.

The charge surfaced a deportation order issued when Dawkins was 8. Dawkins' attorney says Dawkins' mother is from the Bahamas, yet Dawkins was always told he was born in the U.S. and has a Florida birth certificate.

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