United States Eighth Circuit

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US v. Mendoza-Gonzalez, 07-2660

Conviction for aggravated identify theft in violation of 18 U.S.C. section 1028A(a)(1) is affirmed over defendant's claims that: 1) section 1028A(a)(1) requires the government to prove that he "knew" the identification used belonged to another actual person and the government failed to do so; and 2) the government failed to meet its burden of proving that the identification he used belonged to an actual person.

Appellate Information

  • Decided 03/28/2008
  • Published 03/28/2008

Judges

  • GRUENDER, Circuit Judge., Before BYE, BEAM and GRUENDER, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Timothy S. Ross-Boon, Asst. Fed. Public Defender, argued, John P. Messina, on the brief, Des Moines, IA, for Appellant.

  • For Appellees:
  • Clifford R. Cronk, Asst. U.S.Atty., argued, John E. Beamer, Assistant U.S. Attorney, on the brief, Des Moines, IA, for Appellee.