U.S. v. GEORGE

No. 19-4125.

946 F.3d 643 (2020)

UNITED STATES of America, Plaintiff-Appellant, v. Lester Dean GEORGE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 9, 2020.


Attorney(s) appearing for the Case

ARGUED: Phillip Anthony Rubin , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellant. Paul K. Sun, Jr. , ELLIS & WINTERS LLP, Raleigh, North Carolina, for Appellee. ON BRIEF: Robert J. Higdon, Jr. , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Gabriel J. Diaz , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellant. Kelly Margolis Dagger , ELLIS & WINTERS LLP, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Floyd wrote the opinion in which Judge Keenan joined in full and in which Judge Richardson joined in all except Part II.D.


The case before us presents a question of first impression for this Court: whether the term, "another person," in the federal aggravated identity theft statute includes deceased, in addition to living, victims of identity theft. 18 U.S.C. § 1028A(a)(1). The district court below held that it does not. Therefore, the court...

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