U.S. v. Simmons

Record contained sufficient evidence to support defendant’s aggravated identity theft conviction, arising out of defendant’s use of another individual’s Social Security number on series of loan and credit applications with local credit union, even though defendant argued that there was insufficient evidence that he knew that Social Security number used on said applications was real. Record showed that defendant used same Social Security number on his applications without owner of number’s consent, and jury could conclude that defendant was aware that said number was real, where he used said number on credit card application and had authorized credit union to conduct credit check using said number, where credit union subsequently informed defendant that he had been approved for said credit card, and where defendant subsequently used said number on other successful applications. Also, Dist. Ct. could properly calculate loss to credit union based on amount of money at issue in each application, even though some of said applications had been denied by credit union.