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U.S. v. MONTEJO

No. CRIM.2:04 CR 149.

353 F.Supp.2d 643 (2005)

UNITED STATES of America v. Nicolas Manueles MONTEJO, Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

January 18, 2005.

Attorney(s) appearing for the Case

Joseph E. DePadilla, United States Attorney's Office, Michael C. Moore, United States Attorney's Office, Norfolk, VA, for Plaintiffs.

Samuel Warrenton Meekins, Jr., Wolcott Rivers Wheary Basnight & Kelly PC, Virginia Beach, VA, Riley Henderson Ross, III, Office of the Federal Public Defender, Norfolk, VA, for Defendant.

MEMORANDUM OPINION AND ORDER

DOUMAR, District Judge.

The Aggravated Identity Theft Penalty Enhancement Act was promulgated by Congress on July 15, 2004. Pub. L 108-275, § 2(a), 118 Stat. 831. The Act created 18 U.S.C. § 1028A, which states in relevant part: "Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority a means of identification of another...

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