United States Eleventh Circuit
US v. Gomez, 09-11031
Defendant's identity theft conviction is vacated, where the District Court erred by failing to instruct the jury that the word "knowingly" in 18 U.S.C. section 1028A(a)(1) requires proof that he knew the means of identification belonged to an actual person.
Appellate Information
- Decided 08/28/2009
- Published 08/28/2009
Judges
- PRYOR, Circuit Judge:, Before MARCUS, PRYOR and ANDERSON, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Beatriz Galbe Bronis, Asst. Fed. Pub. Def., Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Gomez., Dawn Bowen, Anne R. Schultz, Kathleen M. Salyer, Emily M. Smachetti, Miami, FL, for U.S.