United States First Circuit

Sentence for aggravated identity theft is vacated and remanded where district court erred in finding it could not take 18 U.S.C. sec. 1028A's mandatory sentence for aggravated identity theft into account in sentencing a defendant on other counts of the conviction charged in the same indictment that are not predicate felonies underlying the 1028A conviction.

Appellate Information

• Decided 04/03/2009
• Published 04/03/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William W. Fick, Federal Defender Office, for appellant.


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