United States Ninth Circuit

Defendant's conviction on two counts of aggravated identity theft in violation of 18 U.S.C. section 1028A(a)(1) is reversed and remanded, where the district court constructively amended the indictment in violation of the Fifth Amendment by permitting the jury to convict the defendant of stealing the identities of victims other than the specific victims whose identities the indictment accused the defendant of stealing.

Appellate Information

• Decided 04/03/2014
• Published 04/03/2014

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel