U.S. v. WARD

No. 12-50536.

747 F.3d 1184 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Doren Harold WARD, aka Gemini Havorro Jones, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2014.


Attorney(s) appearing for the Case

Davina T. Chen (argued), Glendale, CA, for Defendant-Appellant.

Cathy J. Ostiller (argued), Robert E. Dugdale , Assistant United States Attorneys, and André Birotte Jr. , United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Before: PAUL J. WATFORD and ANDREW D. HURWITZ, Circuit Judges, and WILLIAM E. SMITH, Chief District Judge.


OPINION

SMITH, Chief District Judge:

Following a jury trial, Doren Harold Ward was convicted on numerous charges, including two counts of aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1). Ward appeals the aggravated identity theft convictions, arguing that the district court constructively amended the indictment in violation of the Fifth Amendment. We agree.

I. Factual Background

A. The Scheme

In 2011, Ward...

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