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U.S. v. LaFAIVE

No. 09-2344.

618 F.3d 613 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Anna LaFAIVE, also known as Phyllis Click, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 2010.

Attorney(s) appearing for the Case

Elizabeth Dorsey Collery , Attorney, Richard M. Re , Attorney (argued), Department of Justice Criminal Division, Appellate Section, Washington, DC, for Plaintiff-Appellee.

Barry Levenstam , Attorney, Jenner & Block LLP, Chicago, Il, Joshua A. Block , Attorney (argued), Jenner & Block, New York, NY, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and KANNE and ROVNER, Circuit Judges.

KANNE, Circuit Judge.

Anna LaFaive assumed the identity of her deceased sister, opened checking accounts in her name using counterfeited checks, and withdrew nearly $65,000 before being apprehended. A jury convicted her of two counts of bank fraud and two counts of aggravated identity theft. On appeal, LaFaive challenges her conviction under 18 U.S.C. § 1028A for aggravated identity theft and takes issue with the procedure used by the district court in calculating...

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