18 U.S.C. § 1028A

Aggravated identity theft

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
(a)Offenses.—(1)In general.—Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.(2)Terrorism offense.—Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.(b)Consecutive Sentence.—Notwithstanding any other provision of law—(1) a court shall not place on probation any person convicted of a violation of this section;(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used;(3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.(c)Definition.—For purposes of this section, the term “felony violation enumerated in subsection (c)” means any offense that is a felony violation of—(1) section 641 (relating to theft of public money, property, or rewards 11 So in original. Probably should be “records”.), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans);(2) section 911 (relating to false personation of citizenship);(3) section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm);(4) any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7);(5) any provision contained in chapter 63 (relating to mail, bank, and wire fraud);(6) any provision contained in chapter 69 (relating to nationality and citizenship);(7) any provision contained in chapter 75 (relating to passports and visas);(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses);(9) section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card);(10) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or(11) section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a–7b(a), and 1383a) (relating to false statements relating to programs under the Act).(Added Pub. L. 108–275, § 2(a), July 15, 2004, 118 Stat. 831.)Editorial NotesReferences in Text

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, 880 F.3d 1228 (11th Cir. 2018).
United States v. Stanley Presendieu, 880 F.3d 1228 (11th Cir. 2018). · cites it 14× “§ 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, 515 F.3d 1234 (D.C. Cir. 2008). · cites it 26× “" 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, 661 F.3d 550 (11th Cir. 2011). · cites it 18× “§ 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, 562 F.3d 43 (1st Cir. 2009). · cites it 28× “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, 534 F.3d 51 (1st Cir. 2008). · cites it 18× “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, 556 U.S. 646 (2009). · cites it 8× “” 18 U. S. C. §1028A(a)(1) (emphasis added).”
United States v. Miranda-Lopez, 532 F.3d 1034 (9th Cir. 2008). · cites it 24× “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, 592 F.3d 602 (4th Cir. 2010). · cites it 11× “§ 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, 690 F.3d 500 (D.C. Cir. 2012). · cites it 10× “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, 882 F.3d 624 (6th Cir. 2018). · cites it 9× “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, 788 F.3d 1298 (11th Cir. 2015). · cites it 8× “§ 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, 820 F.3d 177 (5th Cir. 2016). · cites it 6× “§§ 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, 628 F.3d 114 (4th Cir. 2010).
United States v. White, 296 F. App'x 483 (6th Cir. 2008).
United States v. González-Martínez, 825 F.3d 51 (1st Cir. 2016).
United States v. Galindo, 543 F. App'x 862 (10th Cir. 2013).
United States v. Christopher Simmons, 76 F.4th 683 (7th Cir. 2023).
— 18 U.S.C. § 1028A(1)(A) — 1 case
United States v. Gatling, 355 F. App'x 755 (4th Cir. 2009).
— 18 U.S.C. § 1028A(2)(1) — 2 cases
United States v. Kathy Medlock, 792 F.3d 700 (6th Cir. 2015).
— 18 U.S.C. § 1028A(7) — 1 case
United States v. Estrada-Sanchez, 558 F. Supp. 2d 129 (D. Me. 2008).
— 18 U.S.C. § 1028A(a) — 33 cases
United States v. Ramiro Plascencia-Orozco, 852 F.3d 910 (9th Cir. 2017).
United States v. William Marshall, 891 F.3d 716 (8th Cir. 2018).
United States v. Lyons, 556 F.3d 703 (8th Cir. 2009).
United States v. Stevens, 640 F.3d 48 (1st Cir. 2011).
United States v. A.M., 927 F.3d 718 (3rd Cir. 2019).
— 18 U.S.C. § 1028A(a)(1) — 583 cases
United States v. Doe, 661 F.3d 550 (11th Cir. 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, 515 F.3d 1234 (D.C. Cir. 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, 556 U.S. 646 (2009). “” 18 U. S. C. §1028A(a)(1) (emphasis added).”
United States v. Philip Michael, II, 882 F.3d 624 (6th Cir. 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 CO 12 (Colo. 2016).
— 18 U.S.C. § 1028A(a)(2) — 18 cases
United States v. Villanueva-Sotelo, 515 F.3d 1234 (D.C. Cir. 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. Graciela Zuniga-Arteaga, 681 F.3d 1220 (11th Cir. 2012).
United States v. Miranda-Lopez, 532 F.3d 1034 (9th Cir. 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, 534 F.3d 51 (1st Cir. 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. Lester George, 946 F.3d 643 (4th Cir. 2020).
— 18 U.S.C. § 1028A(a)(3) — 1 case
United States v. Yenky Sanchez (11th Cir. 2011).
— 18 U.S.C. § 1028A(a)(7) — 1 case
— 18 U.S.C. § 1028A(a)(i) — 2 cases
United States v. Andrew Auernheimer, 748 F.3d 525 (3rd Cir. 2014).
United States v. Agyepong, 388 F. App'x 343 (4th Cir. 2010).
— 18 U.S.C. § 1028A(a)(l) — 528 cases
United States v. Villanueva-Sotelo, 515 F.3d 1234 (D.C. Cir. 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, 556 U.S. 646 (2009). “” 18 U. S. C. §1028A(a)(1) (emphasis added).”
United States v. Abdelshafi, 592 F.3d 602 (4th Cir. 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, 661 F.3d 550 (11th Cir. 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, 534 F.3d 51 (1st Cir. 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, 518 F. App'x 52 (2d Cir. 2013).
— 18 U.S.C. § 1028A(b) — 20 cases
United States v. Miranda-Lopez, 532 F.3d 1034 (9th Cir. 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. Ramiro Plascencia-Orozco, 852 F.3d 910 (9th Cir. 2017).
United States v. Richard Lee Owen, II, 963 F.3d 1040 (11th Cir. 2020).
United States v. Jimenez, 507 F.3d 13 (1st Cir. 2007).
United States v. Stepanian, 570 F.3d 51 (1st Cir. 2009).
— 18 U.S.C. § 1028A(b)(2) — 33 cases
United States v. Vidal-Reyes, 562 F.3d 43 (1st Cir. 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, 620 F.3d 401 (4th Cir. 2010).
Dominique Dushon Gilbert v. United States, 64 F.4th 763 (6th Cir. 2023).
United States v. Sanchez-Juarez, 446 F.3d 1109 (10th Cir. 2006).
United States v. Angelique Bankston, 820 F.3d 215 (6th Cir. 2016).
— 18 U.S.C. § 1028A(b)(3) — 17 cases
United States v. Vidal-Reyes, 562 F.3d 43 (1st Cir. 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, 523 F.3d 691 (7th Cir. 2008).
United States v. Jean Baptiste Charles, 757 F.3d 1222 (11th Cir. 2014).
United States v. Todd Horob, 735 F.3d 866 (9th Cir. 2013).
United States v. Landry, 631 F.3d 597 (1st Cir. 2011).
— 18 U.S.C. § 1028A(b)(4) — 32 cases
United States v. Kahwahnas Potts, 947 F.3d 357 (6th Cir. 2020).
United States v. Kowal, 527 F.3d 741 (8th Cir. 2008).
United States v. Richard Lee Owen, II, 963 F.3d 1040 (11th Cir. 2020).
Dominique Dushon Gilbert v. United States, 64 F.4th 763 (6th Cir. 2023).
United States v. Vidal-Reyes, 562 F.3d 43 (1st Cir. 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, 377 F. App'x 284 (4th Cir. 2010).
— 18 U.S.C. § 1028A(c) — 41 cases
United States v. Doe, 661 F.3d 550 (11th Cir. 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, 819 F.3d 667 (2d Cir. 2016).
United States v. Villanueva-Sotelo, 515 F.3d 1234 (D.C. Cir. 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, 842 F.3d 1117 (9th Cir. 2016).
United States v. Tariq Mahmood, 820 F.3d 177 (5th Cir. 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, 614 F.3d 1009 (9th Cir. 2010).
United States v. Freddie Wilson, 788 F.3d 1298 (11th Cir. 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. Abdur-Rahman, 708 F.3d 98 (2d Cir. 2013).
Simmons v. United States (M.D. Fla. 2020).
United States v. Ronald Gaither, 423 F. App'x 719 (9th Cir. 2011).
— 18 U.S.C. § 1028A(c)(10) — 2 cases
United States v. Israel Martinez, 900 F.3d 721 (5th Cir. 2018).
United States v. Crounsset, 403 F. Supp. 2d 475 (E.D. Va. 2005).
— 18 U.S.C. § 1028A(c)(11) — 2 cases
United States v. Godin, 534 F.3d 51 (1st Cir. 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. Lester George, 946 F.3d 643 (4th Cir. 2020).
— 18 U.S.C. § 1028A(c)(2) — 3 cases
United States v. Estrada-Sanchez, 558 F. Supp. 2d 129 (D. Me. 2008).
United States v. Jaime Tovar-Montoya, 652 F. App'x 882 (11th Cir. 2016).
United States v. Rohan Hope, 686 F. App'x 623 (11th Cir. 2017).
— 18 U.S.C. § 1028A(c)(3) — 1 case
United States v. Schella Hope, 608 F. App'x 831 (11th Cir. 2015).
— 18 U.S.C. § 1028A(c)(4) — 27 cases
United States v. Godin, 534 F.3d 51 (1st Cir. 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. Harvey Zitron, 810 F.3d 1253 (11th Cir. 2016).
United States v. Bonilla, 579 F.3d 1233 (11th Cir. 2009).
United States v. Jean Baptiste Charles, 757 F.3d 1222 (11th Cir. 2014).
United States v. John Doe, 842 F.3d 1117 (9th Cir. 2016).
— 18 U.S.C. § 1028A(c)(5) — 27 cases
United States v. Stanley Presendieu, 880 F.3d 1228 (11th Cir. 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, 882 F.3d 624 (6th Cir. 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, 618 F.3d 539 (6th Cir. 2010).
United States v. Schella Hope, 608 F. App'x 831 (11th Cir. 2015).
United States v. Elizabeth Garcia De Nieto, 922 F.3d 669 (5th Cir. 2019).
— 18 U.S.C. § 1028A(c)(6) — 1 case
United States v. Kasenge, 660 F.3d 537 (1st Cir. 2011).
— 18 U.S.C. § 1028A(c)(7) — 9 cases
United States v. Doe, 661 F.3d 550 (11th Cir. 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, 515 F.3d 1234 (D.C. Cir. 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, 507 F.3d 13 (1st Cir. 2007).
United States v. Estrada-Sanchez, 558 F. Supp. 2d 129 (D. Me. 2008).
United States v. Crounsset, 403 F. Supp. 2d 475 (E.D. Va. 2005).
— 18 U.S.C. § 1028A(c)(8) — 1 case
— 18 U.S.C. § 1028A(c)(l) — 4 cases
United States v. Abdelshafi, 592 F.3d 602 (4th Cir. 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. Estrada-Sanchez, 558 F. Supp. 2d 129 (D. Me. 2008).
United States v. Shirlene Boone, 477 F. App'x 99 (4th Cir. 2012).
United States v. Camilla Vanessa Gonzalez, 611 F. App'x 619 (11th Cir. 2015).
— 18 U.S.C. § 1028A(c)(ll) — 4 cases
United States v. Godin, 534 F.3d 51 (1st Cir. 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, 608 F.3d 34 (1st Cir. 2010).
United States v. Martins, 325 F. App'x 7 (1st Cir. 2009).
United States v. Martins, 325 F. App'x 7 (1st Cir. 2009).
— 18 U.S.C. § 1028A(d)(7) — 1 case
— 18 U.S.C. § 1028A(d)(7)(A) — 1 case
United States v. Matthew G. Munksgard, 913 F.3d 1327 (11th Cir. 2019).
— 18 U.S.C. § 1028A(e) — 2 cases
United States v. Occident, 243 F. App'x 777 (4th Cir. 2007).
United States v. Camilla Vanessa Gonzalez, 611 F. App'x 619 (11th Cir. 2015).
— 18 U.S.C. § 1028A(e)(8) — 1 case
United States v. Abdur-Rahman, 708 F.3d 98 (2d Cir. 2013).
— 18 U.S.C. § 1028A(l)(a) — 1 case
United States v. Prince Anim, 297 F. App'x 556 (8th Cir. 2008).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.