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U.S. v. FULLER

No. 07-30114.

531 F.3d 1020 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard Hugh FULLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2008.

Attorney(s) appearing for the Case

Tracy A. Staab, Assistant Federal Defender, Spokane, WA, for the defendant-appellant.

Nancy D. Cook, Assistant United States Attorney, Coeur d'Alene, ID, for the plaintiff-appellee.

Before: ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.

TASHIMA, Circuit Judge:

Defendant-appellant Leonard Fuller was convicted of possession of an identification document that appears to be made by or under the authority of the United States which is stolen or produced without lawful authority, in violation of 18 U.S.C. § 1028(a)(6). On this appeal, we must decide whether, in a prosecution under § 1028(a)(6), the government must prove that the identification document in question appeared to be issued by a real...

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