U.S. v. Spears

Federal 7th Circuit Court
Criminal Court
Reasonable Doubt
Case Number: 
No. 11-1683
Decision Date: 
September 26, 2012
Federal District: 
N.D. Ind., Hammond Div.
Affirmed and reversed in part and remanded
Record contained sufficient evidence to support defendant's conviction on aggravated identity theft charge under 18 USC section 1028A(a)(1) arising out of defendant's production of fake handgun permit that contained customer's own identifying information, which customer than used in attempt to purchase firearm. While defendant argued that he could not be convicted of said offense where fraudulent document contained customer's own identifying information, defendant's conduct fell within section 1028A(a)(1) since his conduct entailed unlawful transfer of another person's identification information on false document. Record, though, did not support defendant's conviction for unlawful production of false identification document arising out of defendant's possession of six documents purporting to be Indiana driver's licenses where said documents were so crudely made that no reasonable person would think that said documents were genuine.