United States First Circuit

A conviction for knowingly possessing a Social Security card with intent to alter it and aggravated identity theft is affirmed where: 1) the evidence was sufficient to demonstrate an intent to alter the card; 2) the court of appeals rejects a claim that defendant did not have either of the two statutory purposes that the government said supported his conviction on the alteration count; 3) contrary to defendant's claim, the alternative purpose charged in this case under section 408 -- "for any other purpose" -- is not unconstitutionally vague; and 4) defendant's conviction for intent to alter a Social Security card could serve as a predicate offense under the aggravated identity theft statute.

Appellate Information

• Decided 06/17/2010
• Published 06/17/2010

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, Circuit Judge, SOUTER,Associate Justice, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Wendy Sibbison, by appointment of the court, for appellant.


• For Appellees:
  
• Cynthia A. Young, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, was on brief for appellee.