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Aggravated Identity Theft updates

In United States v. Harrell, 10-30176 an appeal from W.D. Wash. (Jones, J.) submitted: 3/10/11, panel: Fisher Gould Tallman (author)

Holding: The panel affirmed a conviction for aggravated identity theft under 18 U.S.C. § 1028A in a case in which the defendant listed another person's Social Security number while assuming that person's identity in order to be approved to visit a Washington corrections center. The panel held that the "relating to" parentheticals within 18 U.S.C. § 1028A(c) do not limit the identity-theft statute's articulation of which offenses may serve as predicates, but simply serve as descriptive aids. The panel therefore rejected the defendant's contention that because her conviction for Social Security number fraud was not related to any attempt to apply for or obtain benefits under the Social Security Act, section 1028A does not apply to her.