United States v. Doe, No. 15-10063 (9th Cir. 2016)
Annotate this CaseDefendant appealed his convictions for aggravated identity theft under 18 U.S.C. 1028A, for knowingly possessing and using the name, birth date, and social security number of another person when he applied to renew a Nevada driver’s license and when he submitted a Form I-9 Employment Eligibility Verification form to his employer. The court addressed an issue of first impression and held that evidence of a defendant’s repeated submission of false identifying information as part of successful applications to a government agency is sufficient to permit a reasonable jury to find that the defendant knew that the information belonged to a real person. Therefore, defendant's convictions were based upon sufficient evidence. The court also held that the district court did not abuse its discretion in sentencing defendant to a substantively reasonable sentence of 78-months in prison. Accordingly, the court affirmed the judgment.
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