June 24, 2009
On Monday, May 4, the Supreme Court announced its decision in Flores-Figueroa v. United States. In this case, the Supreme Court considered whether a criminal must have known that the ID he was using belonged to another person in order to be convicted of aggravated identity theft for “knowingly us[ing] . . . a means of identification of another person.” In a decision delivered by Justice Breyer that drew no dissents, the Court held that, following ordinary English grammar, the statute requires the government to demonstrate that the defendant knew the means of identification to belong to another person, thus reversing the Eighth Circuit decision below. Peter Jaffe discusses the decision.
Oral Argument - February 25, 2009:
Decision - May 4, 2009: