United States Eighth Circuit

Defendant's aggravated identity theft conviction is reversed where: 1) neither defendant, nor her counsel, nor the court understood that her knowledge that the stolen ADIT number belonged to another person was an essential element of aggravated identity theft under 18 U.S.C. section 1028A(a)(1), and thus defendant's guilty plea was invalid; and 2) defendant's spontaneous statements to an officer were voluntary and not in response to interrogation, and thus should not be suppressed.

Appellate Information

• Decided 03/25/2010
• Published 03/25/2010

Judges

Court

• United States Eighth Circuit

Counsel