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Wednesday, February 13, 2013

Ind. Decisions - 7th Circuit grants petition for rehearing en banc in ND Ind. case

The case is U.S. v. Christopher Spears, decided by the 7th Circuit on Sept. 24, 2012 - ILB post here.

Last evening this Order was posted on the 7th Circuit site (oddly, it is dated Jan. 14, 2013)- it begins:

The petition for rehearing en banc is GRANTED. The panel’s opinion and judgment are VACATED. The parties shall file new briefs addressing the following question:
Does the crime of aggravated identity theft as defined in 18 U.S.C. § 1028A(a)(1) require a theft or other misappropriation of another person’s identifying information when the prosecution relies only on the “knowing transfer” part of the statute?
In addition to any other statutory language that bears on the question, the parties should specifically address the meaning of the phrases “without lawful authority” and “means of identification of another person.” The parties should also address the effect, if any, of the Supreme Court’s decision in Flores‐Figueroa v. United States, 556 U.S. 646 (2009), on this question.

Posted by Marcia Oddi on February 13, 2013 08:02 AM
Posted to Ind. (7th Cir.) Decisions