United States First Circuit

Convictions stemming from defendant's use of personal information, including a Social Security number, that did not belong to defendant in order to secure subsidized housing under a federal program, are affirmed over claims that: 1) a conviction under 18 U.S.C. section 641 requires proof of elements not present in her case; 2) 42 U.S.C. section 408(a)(7)(B) prohibits the use of a false Social Security number only to obtain a Social Security payment, not to obtain other benefits; and 3) she was entitled to acquittal of aggravated identity theft because it required, as a predicate, one of the other two offenses.

Appellate Information

• Decided 04/30/2008
• Published 04/30/2008

Judges

• HOWARD, Circuit Judge., Before LIPEZ and HOWARD, Circuit Judges, and DiCLERICO, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jeffrey B. Rubin for appellant.


• For Appellees:
  
• Randall E. Kromm, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.