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U.S. v. HILTON

Nos. 11-4273, 11-4298, 11-4743.

701 F.3d 959 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Earl HILTON, Jr., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Tamatha Michele Money Hilton, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jacqueline H. Hilton, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 13, 2012.

Attorney(s) appearing for the Case

ARGUED: Rudolph Alexander Ashton, III , McCotter, Ashton & Smith, PA, New Bern, North Carolina; Daniel Baker McIntyre, III , Charlotte, North Carolina; Lawrence W. Hewitt , Guthrie Davis Henderson & Staton, Charlotte, North Carolina, for Appellants. Michael E. Savage , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Anne M. Tompkins , United States Attorney, Benjamin Bain-Creed , Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KEENAN wrote the opinion, in which Chief Judge TRAXLER and Judge HARWELL joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, Jacqueline, Tamatha, and Jimmy Hilton (collectively, the defendants) challenge their convictions on charges involving a scheme to defraud The Woodsmiths Company (Woodsmiths, or the company), a small North Carolina furniture manufacturer that was Tamatha Hilton's employer. The primary issue before us is whether the statutes prohibiting identity theft and aggravated identity theft, 18 U.S.C. §...

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