U.S. v. MITCHELL

No. 06-5169.

518 F.3d 230 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Dwight Jose MITCHELL, a/k/a Marcus Jackson, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 6, 2008.


Attorney(s) appearing for the Case

ARGUED: Thomas Edward Vanderbloemen, Gallivan, White & Boyd, P.A., Greenville, South Carolina, for Appellant. W. Walter Wilkins, Assistant United States Attorney, Office of the United States Attorney, Greenville, South Carolina, for Appellee. ON BRIEF: James Barlow Loggins, Assistant Federal Public Defender, Office of the Federal Public Defender, Greenville, South Carolina, for Appellant. Reginald Lloyd, United States Attorney, Columbia, South Carolina, for Appellee.

Before MICHAEL and KING, Circuit Judges, and CATHERINE C. BLAKE, United States District Judge for the District of Maryland, sitting by designation.


Reversed by published opinion. Judge MICHAEL wrote the opinion, in which Judge KING and Judge BLAKE joined.

OPINION

MICHAEL, Circuit Judge:

Dwight Jose Mitchell used a false driver's license and counterfeit checks in the name of Marcus Jackson to buy merchandise and return it for cash refunds. Section 1028A(a)(1) of Title 18 makes it a crime, called aggravated identity theft, to use a means of identification...

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