United States v. George, No. 19-4125 (4th Cir. 2020)Annotate this Case
The Fourth Circuit vacated the district court's judgment allowing defendant to withdraw his guilty plea and dismissing the aggravated identity theft count.
The court held that 18 U.S.C. 1028A(a)(1) prohibits the unauthorized use of the means of identification of deceased, as well as living, victims. In light of its plain, ordinary meaning and the statutory context, the court held that the term "person" is unambiguous and includes deceased persons as victims of identity theft. Furthermore, the legislative history bolsters the court's interpretation of the term. Accordingly, the court remanded for resentencing.