United States v. Doe, No. 09-15869 (11th Cir. 2011)
Annotate this CaseDefendant appealed his convictions for aggravated identify theft, principally claiming the government did not produce sufficient evidence that defendant knew the name and social security number he used in applying for a United States passport belonged to an actual person. Defendant also argued that a two-level obstruction-of-justice enhancement was erroneously applied to his sentence because the admittedly false statements he made during his pretrial services interview were not material, because he did not intend to obstruct justice, and because no finding was made that he had actually obstructed justice. Defendant also asserted for the first time on appeal, that use of his pretrial services interview statements against him violated the Fifth Amendment because he had not yet been Mirandized when the statements were made. After thorough review, the court concluded that the evidence was sufficient to support defendant's convictions and that the district court properly applied the obstruction-of-justice enhancement to his sentence.
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