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U.S. v. MIRANDA-LOPEZ

No. 07-50123.

532 F.3d 1034 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto MIRANDA-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2008.

Attorney(s) appearing for the Case

Keith H. Rutman, San Diego, CA, for the defendant-appellant.

Kyle W. Hoffman and Annalou Tirol, United States Department of Justice, United States Attorneys Office, San Diego, CA, for the plaintiff-appellee.

Opinion by Judge SILVERMAN; Partial Concurrence and Partial Dissent by Judge BYBEE.

SILVERMAN, Circuit Judge.

Today we join the D.C. Circuit in holding that the crime of aggravated identity theft, 18 U.S.C. § 1028A(a)(1), requires proof that, among other things, the defendant knew that the means of identification belonged to another person. It is not enough to prove only that the defendant knew he was using a false document. See United States v. Villanueva-Sotelo, 515 F.3d 1234 (D.C.Cir.2008).

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