United States v. Acosta-Joaquin, No. 17-1379 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed Defendant’s conviction for social security fraud stemming from his fraudulent use of a social security number not his own, holding that the evidence was sufficient to sustain a conviction.
On appeal, Defendant argued that the district court erred in denying his motions for a judgment of acquittal, filed at the close of the government’s case-in-chief and again after the jury returned its verdict. Specifically, Defendant argued that 42 U.S.C. 408(a)(7)(B) required his acquittal. The First Circuit disagreed, holding that both the language and purpose of the statute fit perfectly Defendant’s conduct and his intent. The First Circuit affirmed, holding that neither the jury nor the district judge was confused by the statutory language, and Defendant was properly convicted under the statute.