United States v. Corey Louis Hines, 472 F.3d 1038 (8th Cir. 2007). · Go Syfert
United States v. Corey Louis Hines, 472 F.3d 1038 (8th Cir. 2007). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 1 distinct case, last quoted 2007 · …the 'means of identification' of another person at p. 1039
58 citation events (57 in the last 25 years) across 11 distinct courts.
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Retana
8th Cir. · 2011 · quote attribution · 1 verbatim quote · confidence high
whether hines used miller's name without permission ... or ... obtained miller's consent in exchange for illegal drugs, hines acted without lawful authority when using miller's identification.
cited Cited as authority (rule) Hines v. United States
E.D. Mo. · 2021 · confidence medium
United States v. Hines, 472 F.3d 1038, 1040 (8th Cir. 2007).
discussed Cited as authority (rule) Cooper v. Whatcom County
W.D. Wash. · 2021 · confidence medium
“In making extension decisions under Rule 4(m) a district court may 8 consider factors ‘like a statute of limitations bar, prejudice to the defendant, actual notice of a 9 lawsuit, and eventual service.’” Efaw v. Williams, 472 F.3d 1038, 1041 (9th Cir. 2007) (quoting 10 Troxell v. Fedders of N. Am., Inc., 160 F.3d 381, 383 (7th Cir. 1998)).
discussed Cited as authority (rule) Mueller v. Warden
W.D. Va. · 2020 · confidence medium
Relevant here, the Eighth Circuit wrote: [T]he district court’s drug-quantity finding (1) did not violate Apprendi, as Mueller was sentenced within the applicable statutory maximum, see 530 U.S. at 490 ; (2) was properly based on the preponderance-of-the-evidence standard, as the court applied advisory Guidelines, see United States v. Hines, 472 F.3d 1038, 1040 (8th Cir. 2007) (per curiam); and (3) was amply supported by the testimony of co-conspirator Andrew Sullivan.
discussed Cited as authority (rule) United States v. Lony Gatwas
8th Cir. · 2018 · confidence medium
We conclude the issue is essentially controlled by our prior decisions in United States v. Retana, 641 F.3d 272, 273-76 (8th Cir. 2011), and United States v. Hines, 472 F.3d 1038, 1038-40 (8th Cir. 2007), and therefore affirm.
discussed Cited as authority (rule) United States v. Kendra Deshazer
8th Cir. · 2016 · confidence medium
But viewing the sufficiency of the evidence in the light most favorable to the jury’s verdict, see United States v. Hines, 472 F.3d 1038, 1039 (8th Cir. 2007) (per curiam), we reject Deshazer’s contention because a verdict can be supported by circumstantial evidence alone, see United States v. White, 794 F.3d 913, 918 (8th Cir. 2015), and the circumstantial evidence linking Deshazer to the charges here is overwhelming.
discussed Cited as authority (rule) United States v. Oluwaseyi Sadipe
8th Cir. · 2016 · confidence medium
See 42 U.S.C. § 408 (a)(7)(B); 18 U.S.C. § 1028A(a)(l), (e)(ll); United States v. Hines, 472 F.3d 1038, 1039-40 (8th Cir.2007) (per curiam) (aggravated identity theft); United States v. McKnight, 17 F.3d 1139, 1143 (8th Cir.1994) (misuse of social security number).
discussed Cited as authority (rule) United States v. Gene Jirak
8th Cir. · 2013 · confidence medium
United States v. Hines, 472 F.3d 1038, 1039 (8th Cir.2007) (per curiam) (“To support a conviction for aggravated identity theft, the government must prove that the defendant (1) knowingly used (2) the ‘means of identification’ of another person (3) without lawful authority (4) during and in relation to a violation of 42 U.S.C. § 408 (a)(7)(B) (misuse of a social security number).”).
discussed Cited as authority (rule) United States v. Okechukwo Otuya
4th Cir. · 2013 · confidence medium
See United States v. Lumbard, 706 F.3d 716, 722-25 (6th Cir.2013); United States v. Ozuna-Cabrera, 663 F.3d 496, 499 (1st Cir.2011); United States v. Hines, 472 F.3d 1038, 1040 (8th Cir.2007). *190 Otuya raises several arguments in response, but none are persuasive.
discussed Cited as authority (rule) Robert J. Marshall v. United States
11th Cir. · 2013 · confidence medium
The Eighth Circuit noted that it had addressed a similar issue in an earlier decision, but that decision did not directly address the specific issue, and until its Mendoza Gonzalez decision the court had never "explicitly state[d] that the Government need not prove that a defendant knew the means of identification was that of an actual person.... ” Mendoza-Gonzalez, 520 F.3d at 916 (citing United States v. Hines, 472 F.3d 1038, 1039-40 (8th Cir.2007)).
discussed Cited as authority (rule) United States v. Mobley
6th Cir. · 2010 · signal: cf. · confidence medium
Cf. United Spates v. Hines, 472 F.3d 1038, 1040 (8th Cir.2007) (“Whether [the defendant] used Miller’s name without permission [in trying to hide his identity from police] ... or he obtained Miller’s consent in exchange for illegal drugs, [the defendant] acted without lawful authority when using Miller’s identification.”).
discussed Cited as authority (rule) United States v. Mueller
8th Cir. · 2010 · confidence medium
As to the pro se arguments, we conclude that the district court’s drug-quantity finding (1) did not violate Apprendi , as Mueller was sentenced within the applicable statutory maximum, see 530 U.S. at 490 , 120 S.Ct. 2348 ; (2) was properly based on the preponderance-of-the-evidence standard, as the court applied advisory Guidelines, see United States v. Hines, 472 F.3d 1038, 1040 (8th Cir.2007) (per curiam); and (3) was amply supported by the testimony of co-conspirator Andrew Sullivan.
discussed Cited as authority (rule) United States v. Mueller
8th Cir. · 2010 · confidence medium
As to the pro se arguments, we conclude that the district court’s drug-quantity finding (1) did not violate Apprendi , as Mueller was sentenced within the applicable statutory maximum, see 530 U.S. at 490 , 120 S.Ct. 2348 ; (2) was properly based on the preponderance-of-the-evidence standard, as the court applied advisory Guidelines, see United States v. Hines, 472 F.3d 1038, 1040 (8th Cir.2007) (per curiam); and (3) was amply supported by the testimony of co-conspirator Andrew Sullivan.
discussed Cited as authority (rule) United States v. Shawn Reno
8th Cir. · 2009 · confidence medium
See United States v. Booker, 543 U.S. 220, 233-37, 245 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005) (Sixth Amendment problem resulting from mandatory nature of Guidelines is remedied by making Guidelines advisory); Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) (other than prior conviction, any fact that increases penalty for crime beyond statutory maximum must be submitted to jury and proved beyond reasonable doubt); United States v. Hines, 472 F.3d 1038, 1040 (8th Cir.2007) (per curiam) (noting that judicial fact-finding is permissible at sentencing so long a…
discussed Cited as authority (rule) United States v. Ezequiel Oronia-Vera (2×)
8th Cir. · 2009 · confidence medium
Va. 2005), aff’d, 442 F.3d 213 (4th Cir. 2006), cert. denied, 549 U.S. 879 (2006), which held a defendant’s conduct is punishable under § 1028A(a)(1) “whether he knew that the means of identification in his unlawful possession belongs to someone else or was false altogether.” The district court noted Montejo had been cited favorably by the Eighth Circuit in United States v. Hines, 472 F.3d 1038, 1039 (8th Cir. 2007).
discussed Cited as authority (rule) United States v. Oronia-Vera
8th Cir. · 2009 · confidence medium
The district court was persuaded by the reasoning of United States v. Montejo, 353 F.Supp.2d 643, 650 (E.D.Va.2005), aff'd, 442 F.3d 213 (4th Cir.2006), ce rt. denied, 549 U.S. 879 , 127 S.Ct. 366 , 166 L.Ed.2d 138 (2006), which held a defendant’s conduct is punishable under § 1028A(a)(1) “whether he knew that the means of identification in his unlawful possession belongs to someone else or was false altogether.” The district court noted Montejo had been cited favorably by the Eighth Circuit in United States v. Hines, 472 F.3d 1038, 1039 (8th Cir.2007).
cited Cited as authority (rule) United States v. Javarlo Perry
8th Cir. · 2008 · confidence medium
United States v. Sandoval-Rodriguez, 452 F.3d 984, 991 (8th Cir. 2006); United States v. Hines, 472 F.3d 1038, 1040 (8th Cir. 2007).
cited Cited as authority (rule) United States v. Perry
8th Cir. · 2008 · confidence medium
United States v. Sandoval-Rodriguez, 452 F.3d 984, 991 (8th Cir.2006); United States v. Hines, 472 F.3d 1038, 1040 (8th Cir.2007).
discussed Cited as authority (rule) United States v. Villanueva-Sotelo (2×)
D.C. Cir. · 2008 · confidence medium
United States v. Hines, 472 F.3d 1038, 1039-40 (8th Cir.), cert. denied, — U.S. —, 128 S.Ct. 235 , 169 L.Ed.2d 170 (2007).
discussed Cited as authority (rule) United States v. Mata-Lara
N.D. Iowa · 2007 · confidence medium
The court’s construction of 18 U.S.C. § 1028A(a)(l) is consistent with United States v. Hines, 472 F.3d 1038, 1039-40 (8th Cir.) (per curiam), cert. denied, — U.S. —, 128 S.Ct. 235 , 169 L.Ed.2d 170 (2007).
discussed Cited as authority (rule) United States v. Hurtado
11th Cir. · 2007 · confidence medium
Our reading of the phrase “without lawful authority” in § 1028A(a)(l) is consistent with the Eighth Circuit’s decision in United States v. Hines, 472 F.3d 1038, 1039-40 (8th Cir.), cert. denied, — U.S. -, 128 S.Ct. 235 , 169 L.Ed.2d 170 (2007).
discussed Cited as authority (rule) United States v. Jimenez
1st Cir. · 2007 · confidence medium
United States v. Hines, 472 F.3d 1038, 1039 (8th Cir.2007); United States v. Montejo, 442 F.3d 213, 216 (4th Cir.2006), cert. denied, - U.S. -, 127 S.Ct. 366 , 166 L.Ed.2d 138 ; United States v. Godin, 489 F.Supp.2d 118, 120 (D.Me.2007).
discussed Cited as authority (rule) United States v. Salazar-Montero
N.D. Iowa · 2007 · confidence medium
Salazar-Montero acknowledges that the statement of the elements of a § 1028A offense in United States v. Hines, 472 F.3d 1038, 1039 (8th Cir.2007), appears to apply the “knowingly” requirement only to the “use” element, but he asserts that Hines is not dispositive of the question here, because there was no dispute in Hines that the defendant knew that the means of identification that he used belonged to another actual person.
discussed Cited as authority (rule) United States v. Leonard R. Fazio
8th Cir. · 2007 · confidence medium
E.g., United States v. Hines, 472 F.3d 1038, 1040 (8th Cir.2007) (per curiam) (noting that under Booker and this court’s post-Booker precedent judicial fact-finding is permissible at sentencing so long as the district court understands that the Sentencing Guidelines are advisory).
discussed Cited as authority (rule) United States v. Leonard R. Fazio
8th Cir. · 2007 · confidence medium
E.g., United States v. Hines, 472 F.3d 1038, 1040 (8th Cir. 2007) (per curiam) (noting that under Booker and this court's post-Booker precedent judicial fact- finding is permissible at sentencing so long as the district court understands that the Sentencing Guidelines are advisory).
examined Cited as authority (rule) United States v. Kowal (5×) also: Cited "see"
N.D. Iowa · 2007 · confidence medium
Whether the Term “Person” is Limited to Living Persons To convict Defendant for violating the aggravated identity theft statute, that is, § 1028A(a)(l), as charged in Counts 5 and 7 of the Indictment, the government must prove “that [Defendant (1) knowingly used (2) the ‘means of identification’ of another person (3) without lawful authority (4) during and in relation to a violation of [a felony enumerated in § 1028A(c) ].” United States v. Hines, 472 F.3d 1038, 1039 (8th Cir.2007) (citing United States v. Montejo, 353 F.Supp.2d 643, 655 (E.D.Va.2005), aff'd, 442 F.3d 213 (4th Ci…
discussed Cited as authority (rule) United States v. Bobby J. Simms
8th Cir. · 2007 · confidence medium
See United States v. Booker, 543 U.S. 220, 311-14 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005); United States v. Hines, 472 F.3d 1038, 1040 (8th Cir.2007) (per curiam) (concluding after Booker judges can make factual findings as long as the United States Sentencing Guidelines are treated as advisory).
discussed Cited "see" United States v. Franki Joseph
11th Cir. · 2014 · signal: see · confidence high
See United States v. Hines, 472 F.3d 1038, 1040 (8th Cir.2007) (holding that a defendant’s use of a person’s name and social security number without permission constituted the use of a means of identification “without lawful authority”).
cited Cited "see" United States v. Abdelshafi
4th Cir. · 2010 · signal: see · confidence high
See United States v. Hines, 472 F.3d 1038, 1039-40 (8th Cir.2007).
cited Cited "see" United States v. Kowal
8th Cir. · 2008 · signal: see · confidence high
See United States v. Hines, 472 F.3d 1038, 1039 (8th Cir.2007).
cited Cited "see" United States v. Michael Kowal
8th Cir. · 2008 · signal: see · confidence high
See United States v. Hines, 472 F.3d 1038, 1039 (8th Cir. 2007).
cited Cited "see" United States v. Nicasio Mendoza-Gonzalez
8th Cir. · 2008 · signal: see · confidence high
See United States v. Hines, 472 F.3d 1038 (8th Cir.) (per curiam), cert. denied, --- U.S. ---, 128 S. Ct. 235 (2007).
cited Cited "see" United States v. Mendoza-Gonzalez
8th Cir. · 2008 · signal: see · confidence high
See United States v. Hines, 472 F.3d 1038 (8th Cir.) (per curiam), cert. denied, — U.S. -, 128 S.Ct. 235 , 169 L.Ed.2d 170 (2007).
cited Cited "see" United States v. Lemont Amos
8th Cir. · 2007 · signal: see · confidence high
See United States v. Hines, 472 F.3d 1038, 1040 (8th Cir.) (per curiam), cert. denied, — U.S. -, 128 S.Ct. 235 , 169 L.Ed.2d 170 (2007).
discussed Cited "see, e.g." United States v. Cabrera
4th Cir. · 2011 · signal: see, e.g. · confidence medium
See, e.g., United States v. Hines, 472 F.3d 1038, 1039-40 (8th Cir.2007) (per curiam); United States v. Soape, 169 F.3d 257, 260-61, 269 (5th Cir.1999); United States v. Teitloff, 55 F.3d 391 (8th Cir.1995).
discussed Cited "see, e.g." United States v. Chandra Jenkins-Watts
8th Cir. · 2009 · signal: see also · confidence medium
In reviewing -26- whether the evidence was sufficient to convict a defendant of aggravated identity theft, we have said that the government must prove that the defendant “knowingly used the means of identification of another person without lawful authority during and in relation to an enumerated felony.” United States v. Kowal, 527 F.3d 741, 746 (8th Cir. 2008); see also United States v. Hines, 472 F.3d 1038, 1039 (8th Cir. 2007) (per curiam).7 The government charged the above-listed elements, identified the enumerated felony it would prove at trial (access device fraud), and cited the sta…
discussed Cited "see, e.g." United States v. Jenkins-Watts
8th Cir. · 2009 · signal: see also · confidence medium
In reviewing whether the evidence was sufficient to convict a defendant of aggravated identity theft, we have said that the government must prove that the defendant “knowingly used the means of identification of another person without lawful authority during and in relation to an enumerated felony.” United States v. Kowal, 527 F.3d 741, 746 (8th Cir.2008); see also United States v. Hines, 472 F.3d 1038, 1039 (8th Cir.2007) (per curiam). 7 The government charged the above-listed elements, identified the enumerated felony it would prove at trial (access device fraud), and cited the statute c…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Corey Louis HINES, Appellant
06-1719.
Court of Appeals for the Eighth Circuit.
Jan 8, 2007.
472 F.3d 1038
Paul E. Sims, Stokely Group, St. Louis, MO, for appellant., Matthew T. Schelp, Asst. U.S. Atty., St. Louis, MO, for appellee., Corey Louis Hines, Forrest City, AR, pro se.
Smith, Bowman, Colloton.
Cited by 43 opinions  |  Published
Pinpoint authority: bottom 53%
PER CURIAM.

Corey Louis Hines was convicted of conspiracy to commit social security fraud, misuse of a social security number, aiding and abetting the misuse of a social security number, and aggravated identity theft. Hines challenges: (1) the denial by the District Court [1] of his motion for a judgment of acquittal and (2) his sentence. Additionally, Hines has filed a pro se motion to remove counsel and his counsel has filed a motion to withdraw. We affirm the District Court and deny both of the motions.

Hines and his wife defrauded several retailers by obtaining credit with the name, driver’s license, and social security number of a woman whose purse had been stolen. When Hines was subsequently arrested and booked, he told police that he was Joseph Miller and provided Miller’s social security number. Hines later admitted in a letter to prison staff that he had used Miller’s name without permission, but then testified at trial that he had paid Miller cash and marijuana for the use of his name. In addition to other charges, Hines was charged with misuse of a social security number because of his fraudulent statement made during arrest and with aggravated identity theft because the misuse involved the identification of another person. The jury returned a guilty verdict on all counts. Hines challenges the District Court’s denial of his motion for an acquittal.

We review the denial of a motion for an acquittal de novo, examining the sufficiency of the evidence in the light most favorable to the jury verdict, and will reverse only if no reasonable jury could have found the defendant guilty. United States v. Howard, 413 F.3d 861, 864 (8th Cir.2005). Because Hines only raised a meaningful argument on the sufficiency of his identity-theft conviction, we will only address that count. See Chay-Velasquez v. Ashcroft, 367 F.3d 751, 756 (8th Cir.2004) (points not argued in brief are waived).

To support a conviction for aggravated identity theft, the government must prove that the defendant (1) knowingly used (2) the “means of identification” of another person (3) without lawful authority (4) during and in relation to a violation of 42 U.S.C. § 408(a)(7)(B) (misuse of a social security number). 18 U.S.C. § 1028A(a)(1), (c)(11); United States v. Montejo, 353 F.Supp.2d 643, 655 (E.D.Va.2005), aff'd, 442 F.3d 213 (4th Cir.2006), cert. denied, — U.S. —, 127 S.Ct. 366, 166 L.Ed.2d 138 (2006). The term “means of identification” includes another person’s name or social security number. 18 U.S.C. § 1028(d)(7)(A). The government satisfied the “knowingly” requirement with Hines’s admission that he provided another person’s name to police. See United States v. [*1040] Crounsset, 403 F.Supp.2d 475, 483 (E.D.Va.2005) (“knowingly” requirement satisfied by proof that defendant knew identification was fraudulent). Hines’s use of Miller’s name and social security number satisfied the “means of identification” requirement. Whether Hines used Miller’s name without permission (as Hines claimed in his letter) or he obtained Miller’s consent in exchange for illegal drugs, Hines acted without lawful authority when using Miller’s identification. These actions occurred during and in relation to Hines’s misuse of a social security number — they occurred while Hines misused Miller’s number to defraud police. A reasonable jury could have found Hines guilty of aggravated identity theft; therefore, the District Court did not err in denying Hines’s motion for an acquittal.

The District Court sentenced Hines to a term of seventy-one months of imprisonment on the conspiracy and misuse counts, a consecutive term of twenty-four months on the identity-theft count, a three-year term of supervised release, and ordered restitution. This sentence resulted in part from enhancement findings that Hines: (1) was an organizer and leader of the scheme; (2) obstructed justice; and (3) defrauded ten or more victims. Hines contends that Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), requires that a jury find these enhancement facts beyond a reasonable doubt. We review the District Court’s application of the sentencing guidelines de novo and its findings of fact for clear error. United States v. Mashek, 406 F.3d 1012, 1016-17 (8th Cir.2005).

Hines’s argument fails under Booker 2 and this Court’s post-Booker precedent. See United States v. Brave Thunder, 445 F.3d 1062, 1065 (8th Cir.2006) (after Booker, “judicial factfinding is permissible at sentencing so long as the district court understands that the sentencing guidelines are advisory only”); United States v. Garcia-Gonon, 433 F.3d 587, 593 (8th Cm. 2006) (“Under an advisory Guidelines regime, sentencing judges are only required to find sentence-enhancing facts by a preponderance of the evidence.”). The District Court properly applied the guidelines as advisory; therefore, under the governing case law, a jury determination beyond a reasonable doubt was not required.

We affirm Hines’s conviction and sentence. Hines’s motion to remove counsel and his counsel’s motion to withdraw are denied.

1

. The Honorable Henry E. Autry, United States District Judge for the Eastern District of Missouri.

2

. United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).