United States Ninth Circuit

In a prosecution for Fraud in Connection with an Identification Document, dismissal of the indictment is reversed where: 1) it was irrelevant whether the government agent who actually produced defendant's license intended to commit identification fraud or was merely an innocent pawn; and 2) defendant was precluded from challenging the legality of the underlying requirement that she present an Individual Taxpayer Identification Number in order to receive a driver's license.

Appellate Information

• Argued 02/11/2010
• Decided 04/28/2010
• Published 04/28/2010

Judges

• D.W. NELSON, Senior Circuit Judge:, Before: FARRIS, D.W. NELSON, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karon Virginia Johnson, Esquire, Assistant U.S., USHA-Office of the U.S. Attorney, Hagatna, GU, for Plaintiff-Appellant.


• For Appellees:
  
• Howard Gustaf Trapp, Howard Trapp Incorporated, Hagatna, GU, for Defendant-Appellee.