U.S. v. Spears

Record failed to contain sufficient evidence to support defendant’s guilty verdict on two charges of identity theft, under 18 USC section 1028(A), arising out of defendant’s sale of fake credential to third-party, who unsuccessfully attempted to use said certificate to purchase handgun, where instant credential contained name and birth-date of third-party. Section 1028(A) prohibits anyone from knowingly transferring, possessing or using without authority, means of identification “of another person,” who Ct. construed as person who did not consent to use of his or her identification. As such, defendant could not be guilty of any infraction under section 1028(A), where third-party had consented to use of her identification information on fake credential.