United States v. Ozuna-Cabrera, No. 09-2174 (1st Cir. 2011)
Annotate this CaseDefendant purchased an expired passport and a social security card and attempted to use them to obtain a passport with his picture. He entered a plea of guilty to two counts of making false statements in a passport application, 18 U.S.C. 1542, one count of unlawful re-entry of a deported alien, 8 U.S.C. 1326, and aggravated identity theft, 18 U.S.C. 1028A, and received a 70-month prison sentence. The First Circuit affirmed, finding that the plea was knowing and voluntary. The court rejected an argument that, because defendant bought, rather than stole, the passport, the identity theft was not a use of documents "without lawful authority." The sentence was procedurally and substantively sound; in light of defendant's criminal history, it was at the bottom of the Guidelines range.
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