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.
- Decided 03/28/2008
- Published 03/28/2008
- GRUENDER, Circuit Judge., Before BYE, BEAM and GRUENDER, Circuit Judges.
- United States Eighth Circuit
- 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.