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U.S. v. ORONIA-VERA

No. 08-1338.

565 F.3d 1074 (2009)

UNITED STATES of America, Appellee, v. Ezequiel ORONIA-VERA, also known as Ezequiel Oronia, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 18, 2009.

Attorney(s) appearing for the Case

John O. Moeller, Davenport, IA, for appellant.

Joel W. Barrows, AUSA, Davenport, IA, for appellee.

Before WOLLMAN, BYE, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Ezequiel Oronia-Vera (Oronia-Vera) appeals his conviction for aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1), following a trial to the district court on stipulated facts. We reverse.

I. BACKGROUND

On May 16, 2007, a grand jury returned a three-count indictment against Oronia-Vera. Count one charged Oronia-Vera with fraud and misuse of documents, in violation of 18 U.S.C. § 1546(a); count two charged...

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