18 U.S.C. § 1028A
Aggravated identity theft
The Immigration and Nationality Act, referred to in subsec. (c)(10), is act June 27, 1952, ch. 477, 66 Stat. 163. Chapter 8 of title II of the Act is classified generally to part VIII (§ 1321 et seq.) of subchapter II of chapter 12 of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
The Social Security Act, referred to in subsec. (c)(11), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Notes of Decisions
Cited in 1,728
cases (366 in the last 5 years), 2005–2026 · leading case: United States v. Stanley Presendieu
United States v. Stanley Presendieu (2018)
“§ 1349 (Count 1), and (2) aggravated identity theft, in violation of 18 U.S.C. § 1028A (Count 31). In the written plea agreement, the 10 Case: 15-14830 Date Filed: 01/19/2018 Page: 11 of 50 government agreed to dismiss the remaining thirteen counts in the indictment, and…”
United States v. Villanueva-Sotelo (2008)
“" 18 U.S.C. § 1028A(a)(1). The question before us is this: to obtain a conviction under section 1028A(a)(1), must the government prove the defendant knew the "means of identification" he "transfer[red], possesse[d], or use[d]" actually belonged to "another person," or is it…”
United States v. Doe (2011)
“§ 1542 (Count 1); and two counts for aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1) (Counts 2 and 3).”
United States v. Vidal-Reyes (2009)
“Defendant-Appellant Pedro José Vidal-Reyes (“Vidal”), a citizen of the Dominican Republic, pled guilty to aggravated identity theft under the federal aggravated identity theft statute, 18 U.S.C. § 1028A, as well as to several non-predicate counts relating to his attempt to pass…”
United States v. Godin (2008)
“Under the aggravated identity theft statute, 18 U.S.C. § 1028A, Congress created a crime which has the consequence that the convicted defendant is given a mandatory consecutive sentence of two years in general, under § 1028A(a)(1), and five years in terrorism offenses, under §…”
Flores-Figueroa v. United States (2009)
“” 18 U. S. C. §1028A(a)(1) (emphasis added).”
United States v. Miranda-Lopez (2008)
“Circuit in holding that the crime of aggravated identity theft, 18 U.S.C. § 1028A(a)(1), requires proof that, among other things, the defendant knew that the means of identification belonged to another person.”
United States v. Abdelshafi (2010)
“§ 1347 , and two counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A, and sentenced to sixty-two months’ imprisonment.”
United States v. Bryan Burwell (2012)
“The question before the Court was 9 The federal identity theft statute, 18 U.S.C. § 1028A, imposes a mandatory consecutive two-year prison term on individuals convicted of other crimes if during and in relation to the commission of those other crimes, the defendant “knowingly…”
United States v. Philip Michael, II (2018)
“What does it mean to "use[ ]" someone else's "means of identification"? 18 U.S.C. § 1028A(a)(1). The question arises in the context of an indictment alleging that Philip Michael used a doctor's means of identification (his name and identification number) and a patient's means of…”
United States v. Freddie Wilson (2015)
“§ 641 (Counts 1-6); six counts of Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A (Counts 7-12)' 1 ; one count of Conducting an Unlawful Monetary Transaction, in violation of 18 U.”
United States v. Tariq Mahmood (2016)
“§§ 1347 and 2; and seven counts of aggravated identity theft, all in violation of 18 U.S.C. §§ 1028A and 2. As to the substantive health care fraud counts, the Government identified seven specific patients at Mahmood’s hospitals and alleged, inter alia, that Mahmood executed a…”
— 18 U.S.C. § 1028A(1) — 5 cases
United States v. Luke (2010)
United States v. White (2008)
United States v. Galindo (2013)
— 18 U.S.C. § 1028A(1)(A) — 1 case
United States v. Gatling (2009)
— 18 U.S.C. § 1028A(2)(1) — 2 cases
— 18 U.S.C. § 1028A(7) — 1 case
— 18 U.S.C. § 1028A(a) — 33 cases
United States v. Lyons (2009)
United States v. Stevens (2011)
United States v. A.M. (2019)
— 18 U.S.C. § 1028A(a)(1) — 583 cases
United States v. Doe (2011)
“§ 1542 (Count 1); and two counts for aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1) (Counts 2 and 3).”
United States v. Villanueva-Sotelo (2008)
“" 18 U.S.C. § 1028A(a)(1). The question before us is this: to obtain a conviction under section 1028A(a)(1), must the government prove the defendant knew the "means of identification" he "transfer[red], possesse[d], or use[d]" actually belonged to "another person," or is it…”
Flores-Figueroa v. United States (2009)
“” 18 U. S. C. §1028A(a)(1) (emphasis added).”
United States v. Philip Michael, II (2018)
“What does it mean to "use[ ]" someone else's "means of identification"? 18 U.S.C. § 1028A(a)(1). The question arises in the context of an indictment alleging that Philip Michael used a doctor's means of identification (his name and identification number) and a patient's means of…”
People v. Perez (2016)
— 18 U.S.C. § 1028A(a)(2) — 18 cases
United States v. Villanueva-Sotelo (2008)
“" 18 U.S.C. § 1028A(a)(1). The question before us is this: to obtain a conviction under section 1028A(a)(1), must the government prove the defendant knew the "means of identification" he "transfer[red], possesse[d], or use[d]" actually belonged to "another person," or is it…”
United States v. Miranda-Lopez (2008)
“Circuit in holding that the crime of aggravated identity theft, 18 U.S.C. § 1028A(a)(1), requires proof that, among other things, the defendant knew that the means of identification belonged to another person.”
United States v. Godin (2008)
“Under the aggravated identity theft statute, 18 U.S.C. § 1028A, Congress created a crime which has the consequence that the convicted defendant is given a mandatory consecutive sentence of two years in general, under § 1028A(a)(1), and five years in terrorism offenses, under §…”
— 18 U.S.C. § 1028A(a)(3) — 1 case
— 18 U.S.C. § 1028A(a)(7) — 1 case
— 18 U.S.C. § 1028A(a)(i) — 2 cases
United States v. Agyepong (2010)
— 18 U.S.C. § 1028A(a)(l) — 528 cases
United States v. Villanueva-Sotelo (2008)
“" 18 U.S.C. § 1028A(a)(1). The question before us is this: to obtain a conviction under section 1028A(a)(1), must the government prove the defendant knew the "means of identification" he "transfer[red], possesse[d], or use[d]" actually belonged to "another person," or is it…”
Flores-Figueroa v. United States (2009)
“” 18 U. S. C. §1028A(a)(1) (emphasis added).”
United States v. Abdelshafi (2010)
“§ 1347 , and two counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A, and sentenced to sixty-two months’ imprisonment.”
United States v. Doe (2011)
“§ 1542 (Count 1); and two counts for aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1) (Counts 2 and 3).”
United States v. Godin (2008)
“Under the aggravated identity theft statute, 18 U.S.C. § 1028A, Congress created a crime which has the consequence that the convicted defendant is given a mandatory consecutive sentence of two years in general, under § 1028A(a)(1), and five years in terrorism offenses, under §…”
— 18 U.S.C. § 1028A(a)(l)(c)(4) — 1 case
United States v. Khan (2013)
— 18 U.S.C. § 1028A(b) — 20 cases
United States v. Miranda-Lopez (2008)
“Circuit in holding that the crime of aggravated identity theft, 18 U.S.C. § 1028A(a)(1), requires proof that, among other things, the defendant knew that the means of identification belonged to another person.”
United States v. Jimenez (2007)
United States v. Stepanian (2009)
— 18 U.S.C. § 1028A(b)(2) — 33 cases
United States v. Vidal-Reyes (2009)
“Defendant-Appellant Pedro José Vidal-Reyes (“Vidal”), a citizen of the Dominican Republic, pled guilty to aggravated identity theft under the federal aggravated identity theft statute, 18 U.S.C. § 1028A, as well as to several non-predicate counts relating to his attempt to pass…”
United States v. White (2010)
— 18 U.S.C. § 1028A(b)(3) — 17 cases
United States v. Vidal-Reyes (2009)
“Defendant-Appellant Pedro José Vidal-Reyes (“Vidal”), a citizen of the Dominican Republic, pled guilty to aggravated identity theft under the federal aggravated identity theft statute, 18 U.S.C. § 1028A, as well as to several non-predicate counts relating to his attempt to pass…”
United States v. Omole (2008)
United States v. Todd Horob (2013)
United States v. Landry (2011)
— 18 U.S.C. § 1028A(b)(4) — 32 cases
United States v. Kowal (2008)
United States v. Vidal-Reyes (2009)
“Defendant-Appellant Pedro José Vidal-Reyes (“Vidal”), a citizen of the Dominican Republic, pled guilty to aggravated identity theft under the federal aggravated identity theft statute, 18 U.S.C. § 1028A, as well as to several non-predicate counts relating to his attempt to pass…”
— 18 U.S.C. § 1028A(b)(l) — 1 case
United States v. Anderson (2010)
— 18 U.S.C. § 1028A(c) — 41 cases
United States v. Doe (2011)
“§ 1542 (Count 1); and two counts for aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1) (Counts 2 and 3).”
United States v. Jesurum (2016)
United States v. Villanueva-Sotelo (2008)
“" 18 U.S.C. § 1028A(a)(1). The question before us is this: to obtain a conviction under section 1028A(a)(1), must the government prove the defendant knew the "means of identification" he "transfer[red], possesse[d], or use[d]" actually belonged to "another person," or is it…”
United States v. John Doe (2016)
United States v. Tariq Mahmood (2016)
“§§ 1347 and 2; and seven counts of aggravated identity theft, all in violation of 18 U.S.C. §§ 1028A and 2. As to the substantive health care fraud counts, the Government identified seven specific patients at Mahmood’s hospitals and alleged, inter alia, that Mahmood executed a…”
— 18 U.S.C. § 1028A(c)(1) — 6 cases
United States v. Wahid (2010)
United States v. Freddie Wilson (2015)
“§ 641 (Counts 1-6); six counts of Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A (Counts 7-12)' 1 ; one count of Conducting an Unlawful Monetary Transaction, in violation of 18 U.”
Simmons v. United States (2020)
— 18 U.S.C. § 1028A(c)(10) — 2 cases
United States v. Crounsset (2005)
— 18 U.S.C. § 1028A(c)(11) — 2 cases
United States v. Godin (2008)
“Under the aggravated identity theft statute, 18 U.S.C. § 1028A, Congress created a crime which has the consequence that the convicted defendant is given a mandatory consecutive sentence of two years in general, under § 1028A(a)(1), and five years in terrorism offenses, under §…”
— 18 U.S.C. § 1028A(c)(2) — 3 cases
United States v. Rohan Hope (2017)
— 18 U.S.C. § 1028A(c)(3) — 1 case
— 18 U.S.C. § 1028A(c)(4) — 27 cases
United States v. Godin (2008)
“Under the aggravated identity theft statute, 18 U.S.C. § 1028A, Congress created a crime which has the consequence that the convicted defendant is given a mandatory consecutive sentence of two years in general, under § 1028A(a)(1), and five years in terrorism offenses, under §…”
United States v. Bonilla (2009)
United States v. John Doe (2016)
— 18 U.S.C. § 1028A(c)(5) — 27 cases
United States v. Stanley Presendieu (2018)
“§ 1349 (Count 1), and (2) aggravated identity theft, in violation of 18 U.S.C. § 1028A (Count 31). In the written plea agreement, the 10 Case: 15-14830 Date Filed: 01/19/2018 Page: 11 of 50 government agreed to dismiss the remaining thirteen counts in the indictment, and…”
United States v. Philip Michael, II (2018)
“What does it mean to "use[ ]" someone else's "means of identification"? 18 U.S.C. § 1028A(a)(1). The question arises in the context of an indictment alleging that Philip Michael used a doctor's means of identification (his name and identification number) and a patient's means of…”
United States v. Mobley (2010)
— 18 U.S.C. § 1028A(c)(6) — 1 case
United States v. Kasenge (2011)
— 18 U.S.C. § 1028A(c)(7) — 9 cases
United States v. Doe (2011)
“§ 1542 (Count 1); and two counts for aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1) (Counts 2 and 3).”
United States v. Villanueva-Sotelo (2008)
“" 18 U.S.C. § 1028A(a)(1). The question before us is this: to obtain a conviction under section 1028A(a)(1), must the government prove the defendant knew the "means of identification" he "transfer[red], possesse[d], or use[d]" actually belonged to "another person," or is it…”
United States v. Jimenez (2007)
United States v. Crounsset (2005)
— 18 U.S.C. § 1028A(c)(8) — 1 case
— 18 U.S.C. § 1028A(c)(l) — 4 cases
United States v. Abdelshafi (2010)
“§ 1347 , and two counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A, and sentenced to sixty-two months’ imprisonment.”
— 18 U.S.C. § 1028A(c)(ll) — 4 cases
United States v. Godin (2008)
“Under the aggravated identity theft statute, 18 U.S.C. § 1028A, Congress created a crime which has the consequence that the convicted defendant is given a mandatory consecutive sentence of two years in general, under § 1028A(a)(1), and five years in terrorism offenses, under §…”
United States v. Persichilli (2010)
United States v. Martins (2009)
United States v. Martins (2009)
— 18 U.S.C. § 1028A(d)(7) — 1 case
— 18 U.S.C. § 1028A(d)(7)(A) — 1 case
— 18 U.S.C. § 1028A(e) — 2 cases
United States v. Occident (2007)
— 18 U.S.C. § 1028A(e)(8) — 1 case
— 18 U.S.C. § 1028A(l)(a) — 1 case
United States v. Prince Anim (2008)
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