United States v. Ward, No. 12-50536 (9th Cir. 2014)
Annotate this CaseDefendant appealed his conviction of two counts of aggravated identity theft in violation of 18 U.S.C. 1028A(a)(1). The court concluded that the district court constructively amended the indictment when it declined to name the specific victims whose identities the indictment accused defendant of stealing. Accordingly, the court reversed the convictions and remanded for further proceedings.
Court Description: Criminal Law. Reversing a conviction on two counts of aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1) and remanding for further proceedings, the panel held that the district court constructively amended the indictment by permitting the jury to convict the defendant of stealing the identities of victims other than the specific victims whose identities the indictment accused the defendant of stealing.
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