Wednesday, August 18, 2010
Ind. Decisions - One Indiana opinion issued today by 7th Circuit
In US v. Anna LaFaiver, aka Phyllis Click (ND Indiana, Springmann), a 13-page opinion, Judge Kanne writes:
Anna LaFaive assumed the identity of her deceased sister, opened checking accounts in her name using counterfeited checks, and withdrew nearly $65,000 before being apprehended. A jury convicted her of two counts of bank fraud and two counts of aggravated identity theft. On appeal, LaFaive challenges her conviction under 18 U.S.C. § 1028A for aggravated identity theft and takes issue with the procedure used by the district court in calculating her sentence. We affirm both her conviction and sentence. * * *
18 U.S.C. § 1028A(a)(1) criminalizes the misuse of another person’s identity, whether that other person is living or deceased. The district court, therefore, did not plainly err in entering the jury’s conviction of LaFaive for violating that statute. The district court also did not plainly err in calculating or imposing LaFaive’s sentence. Accordingly, we AFFIRM LaFaive’s conviction and sentence.
Posted by Marcia Oddi on August 18, 2010 10:15 AM
Posted to Ind. (7th Cir.) Decisions