Flores-Figueroa v. United States
FACTS
Ignacio Flores-Figueroa is a citizen of Mexico who gave his employer a false name/birth date/social security number as well as a counterfeit alien registration card in order to secure employment.
-Six years later he gave his employer new card with his real name, but the numbers on the old cards were assigned to other people. He was convicted on two counts of aggravated identity theft in a federal district court and sentenced to 75 months imprisonment.
-On appeal, he argued that his conviction was in error because the government did not prove he knew the identification he possessed belonged to another person.
-The United States Court of Appeals for the Eighth Circuit rejected this argument and affirmed the trial court’s decision.
-It held the government need not prove Mr. Flores-Figueroa knew the identification he possessed belonged to another person.
ISSUE
In order to prove aggravated identity theft, does the government need to prove the defendant knew the identification he possessed belonged to another person?
ARGUMENT
Petitioner argues that the statute requires that the Government prove that he knew that the “means of identification” belonged to someone else/was a means of identification of another person.
CONCLUSION
Yes. The Supreme Court held that the government needs to prove that the defendant "knew" that the identification he possessed belonged to another person. The Court reasoned that ordinary grammar indicates that "knowingly" should be read to apply to all subsequently listed elements of the crime in the relevant statute.
The Court should distinguish between those cases where it should infer a mens rea requirement when Congress has not addressed it within the statute, and those cases when Congress has intentionally limited the mens rea requirement to particular elements of the relevant crime.
---The Most Valuable Study Material You Can Buy for Law School. Period.
I have compiled all the information that has helped me excel in law school and I want to share that information with you. My methods have helped literally hundreds of other law school students, and now they can help you too. I did not study law before starting law school, nor did I come from a distinguished background. I was the first in my family to graduate college and I knew virtually nothing about law school before my first day of class. However, I was able to find success by reading literally hundreds of sources on law school strategies and by applying those methods and others that I have learned throughout life on achieving my dreams.
Success in Law School can be a reality. Stellar Grades, Transfer Opportunities, The Best Jobs, and More! There is no reason why you should not consider taking the time to read the method that the top students in your class are undoubtedly using. Get ahead of the competition!
Even if you are a second or even a third year student, my methods can drastically raise your GPA and greatly improve your marketability. While some may say that the law school GPA does not matter in the third year, the reality is that employers do take a very serious look at one's law school GPA and in this economy, you need to be as marketable as possible.Do you want to know how to study for a final exam? Do you want to find the secrets to answering the questions on exams? What are professors looking for when they grade exams? Do you want to know how you can find out the questions that your professor will ask? What are some strategies that a law student can use to find out what a professor is looking for when he/she asks a question that you should be able to know in advance that he/she will ask?
If you want to succeed in law school, if you are serious, than there is no reason why you should not read this book: How to Win at Law School: Setting Goals for Law School Success!
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
FACTS
Ignacio Flores-Figueroa is a citizen of Mexico who gave his employer a false name/birth date/social security number as well as a counterfeit alien registration card in order to secure employment.
-Six years later he gave his employer new card with his real name, but the numbers on the old cards were assigned to other people. He was convicted on two counts of aggravated identity theft in a federal district court and sentenced to 75 months imprisonment.
-On appeal, he argued that his conviction was in error because the government did not prove he knew the identification he possessed belonged to another person.
-The United States Court of Appeals for the Eighth Circuit rejected this argument and affirmed the trial court’s decision.
-It held the government need not prove Mr. Flores-Figueroa knew the identification he possessed belonged to another person.
ISSUE
In order to prove aggravated identity theft, does the government need to prove the defendant knew the identification he possessed belonged to another person?
ARGUMENT
Petitioner argues that the statute requires that the Government prove that he knew that the “means of identification” belonged to someone else/was a means of identification of another person.
CONCLUSION
Yes. The Supreme Court held that the government needs to prove that the defendant "knew" that the identification he possessed belonged to another person. The Court reasoned that ordinary grammar indicates that "knowingly" should be read to apply to all subsequently listed elements of the crime in the relevant statute.
The Court should distinguish between those cases where it should infer a mens rea requirement when Congress has not addressed it within the statute, and those cases when Congress has intentionally limited the mens rea requirement to particular elements of the relevant crime.
---The Most Valuable Study Material You Can Buy for Law School. Period.
I have compiled all the information that has helped me excel in law school and I want to share that information with you. My methods have helped literally hundreds of other law school students, and now they can help you too. I did not study law before starting law school, nor did I come from a distinguished background. I was the first in my family to graduate college and I knew virtually nothing about law school before my first day of class. However, I was able to find success by reading literally hundreds of sources on law school strategies and by applying those methods and others that I have learned throughout life on achieving my dreams.
Success in Law School can be a reality. Stellar Grades, Transfer Opportunities, The Best Jobs, and More! There is no reason why you should not consider taking the time to read the method that the top students in your class are undoubtedly using. Get ahead of the competition!
Even if you are a second or even a third year student, my methods can drastically raise your GPA and greatly improve your marketability. While some may say that the law school GPA does not matter in the third year, the reality is that employers do take a very serious look at one's law school GPA and in this economy, you need to be as marketable as possible.Do you want to know how to study for a final exam? Do you want to find the secrets to answering the questions on exams? What are professors looking for when they grade exams? Do you want to know how you can find out the questions that your professor will ask? What are some strategies that a law student can use to find out what a professor is looking for when he/she asks a question that you should be able to know in advance that he/she will ask?
If you want to succeed in law school, if you are serious, than there is no reason why you should not read this book: How to Win at Law School: Setting Goals for Law School Success!
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
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