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U.S. v. Villanueva-Sotelo, No. 07-3055 (D.C. Cir.) (515 F.3d 1234) (February 15, 2008) (Judge David S. Tatel)

Loaded on March 1, 2008 published in Punch and Jurists March 24, 2008
Filed under: Punch And Jurists, Mens Rea Element.

Here, creating a conflict with three other Circuits, a divided Court ruled that the mens rea element of the aggravated identity theft statute (18 U.S.C. § 1028A(a)(1)) was ambiguous; and it therefore dismissed that count from an indictment.

As the incidence of identity theft crimes has risen dramatically, Congress has …

 

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More from this issue:

  1. U.S. v. Young, No. 2:03-cr-00549-RLH-LRL (D.Nev.) (533 F.Supp.2d 1086) (December 11, 2007) (Judge Roger L. Hunt)
  2. Muniz v. Sabol, No. 06-2692 (1st Cir.) (517 F.3d 29) (February 26, 2008) (Judge Jeffrey R. Howard)
  3. Virginia v. Moore, No. 06-1082 (U.S. Supreme Court) (553 U.S. 164; 128 S.Ct. 1598) (April 23, 2008) (Justice Scalia)
  4. U.S. v. Vonner, No. 05-5295 (6th Cir.) (516 F.3d 382) (February 7, 2008) (Judge Jeffrey S. Sutton)
  5. U.S. v. Richardson, No. 05-7005-cr (2nd Cir.) (516 F.3d 145) (February 15, 2008) (Judge Roger J. Miner)
  6. U.S. v. Villanueva-Sotelo, No. 07-3055 (D.C. Cir.) (515 F.3d 1234) (February 15, 2008) (Judge David S. Tatel)
  7. U.S. v. Conatser, No. 06-5694 (6th Cir.) (514 F.3d 508) (February 4, 2008) (Judge Ralph B Jr. Guy)
  8. U.S. v. Arnold, No. 06-50581 (9th Cir.) (523 F.3d 941) (April 21, 2008) (Judge Diarmuid F. O'Scannlain)

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