United States Fifth Circuit

Defendants' identity theft convictions are affirmed where: 1) the government was permitted to prove identity theft through circumstantial evidence; and 2) the government's statement that both sides could subpoena witnesses was not an improper comment on Defendants' failure to testify.

Appellate Information

• Decided 06/10/2009
• Published 06/10/2009

Judges

• CARL E. STEWART, Circuit Judge:, Before KING, STEWART and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Carmen Castillo Mitchell (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Daucie Shefman Schindler, Shefman Law Group, John Moreno Parras (argued), Houston, TX, for Bartholomew Stephens., Kimberly S. Keller (argued), Keller Law Firm, San Antonio, TX, for Steve Stephens.