United States v. Bayard, No. 10-2260 (1st Cir. 2011)
Annotate this CaseThe defendant was convicted of use of an unauthorized access device, 18 U.S.C. 1029(a)and aggravated identity theft, 18 U.S.C. 1028A. The First Circuit affirmed. Evidence of the defendant's use of another credit card (not at issue), after the victim's death, was properly admitted on cross-examination, as relevant to the defendant's credibility. Credit card records were also properly admitted; a jury instruction that "access device" could include a card or an account number did not create potential for confusion. The court also rejected a speedy trial argument and claims relating to the timing of rulings.
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