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U.S. v. SALAZAR-MONTERO

No. CR 07-2020-MWB.

520 F.Supp.2d 1079 (2007)

UNITED STATES of America, Plaintiff, v. Hugo SALAZAR-MONTERO, Defendant.

United States District Court, N.D. Iowa, Eastern Division.

October 25, 2007.

Attorney(s) appearing for the Case

Sean R. Berry, U.S. Attorney's Office, Cedar Rapids, IA, for Plaintiff.

Jane Kelly, Federal Public Defender, Cedar Rapids, IA, for Defendant.

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT'S RULE 12(b)(2) MOTION FOR RULING ON ELEMENTS OF OFFENSE CHARGED UNDER 18 U.S.C. 1028A

MARK W. BENNETT, District Judge.

What is the "plain meaning" of a statute, 18 U.S.C. § 1028A, which imposes additional penalties for "aggravated identity theft"? More specifically, does the statute require that the defendant know only that he or she is using, possessing, or transferring a means of...

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