Updates to criminal defense

CRIMDEF - IMMIGRATION CRIMES - IDENTITY THEFT

United States v. Villanueva-Sotelo, 515 F.3d 1234 (D.C. Cir. Feb. 15, 2008) (federal aggravated identity theft statute, which provided that "[w]hoever ... knowingly ... uses, without lawful authority, a means of identification of another person shall ... be sentenced to a term of imprisonment of 2 years," requires proof that defendant knew that means of identification belonged to someone else).

jurisdiction: 
DC Circuit

IMMIGRATION CRIMES - DRIVERS LICENSES

United States v. Rivera, 516 F.3d 500 (6th Cir. Feb. 20, 2008) (sentencing guideline at U.S.S.G. 2L2.1 improperly applied to conviction for transporting illegal aliens from New Jersey to Tennessee for the purpose of obtaining driver's licenses where the documents procured were for purposes of allowing noncitizens to drive, rather than for immigration purposes).

jurisdiction: 
Sixth Circuit

IMMIGRATION OFFENSES - SOCIAL SECURITY CARD IS NOT AN IDENTIFICATION CARD

United States v. Murillo, ___ F.Supp.2d ___, 2008 WL 697160 (N.D. Iowa Mar. 13, 2008) (a "social security card" does not constitute a "means of identification" within the meaning of 18 U.S.C. 1546(b) and 8 U.S.C. 1324a(b), so the court grants defendant's motion to dismiss Count 3); United States v. Tyson Foods, Inc., 258 F. Supp. 2d 809 (E.D. Tenn. 2003) (a "social security card" is not a "means of identification" within the meaning of 18 U.S.C. 1546(b), even if this creates a "loophole" or appears inconsistent with 18 U.S.C. 1546(a)).

jurisdiction: 
Lower Courts of Eighth Circuit

CRIMINAL DEFENSE - SPECIAL PROCEEDINGS - EXTRADITION

Manta v. Chertoff, 518 F.3d 1134 (9th Cir. Mar. 11, 2008) (evidence of defendant's misconduct in Greece, alleged in support of request by the Greek government for her extradition from the United States, held sufficient to support inference of fraudulent intent, sufficient for conduct to be criminal under United States law and to satisfy "dual criminality" requirement of extradition treaty between United States and Greece).

jurisdiction: 
Ninth Circuit

CRIMINAL DEFENSE - SENTENCE

M. Shein, Cultural Issues in Sentencing, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 625 (2d ed. 2007).

jurisdiction: 
Other

CRIMINAL DEFENSE - EVIDENCE - DEPORTED WITNESS

United States v. Yida, ___ F.3d ___, 2007 WL 2325143 (9th Cir. Aug.

jurisdiction: 
Ninth Circuit

ILLEGAL REENTRY - DEFENSES - STATUTE OF LIMITATIONS - STATUTE COMMENCED WHEN IMMIGRATION AUTHORITIES ACTUALLY DISCOVERED DEFENDANT, NOT WHEN THEY SHOULD HAVE DISCOVERED HIM

United States v. Are, __ F.3d __, 2007 WL 2265118 (7th Cir. Aug. 9, 2007) (five year statute of limitations on prosecution for being found in the United States following removal starts to run on the date the immigration authorities actually discover noncitizens presence, identity, and status or when they arrested him, interrupting his illegal conduct).

jurisdiction: 
Seventh Circuit

IMMIGRATION CRIMES - HARBORING ALIENS - EMPLOYMENT

United States v. Shum, __ F.3d __, 2007 WL 2285223 (5th Cir., Aug. 10, 2007) (Federal conviction for conspiracy to conceal, harbor or shield illegal entrants from detection for commercial advantage, in violation of 8 U.S.C. 1324(a)(1)(A)(v)(I), (a)(1)(A)(iii), and (a)(1)(B)(i), affirmed where defendant "substantially facilitated" noncitizens ability to remain in the United States by hiring them and taking steps to conceal their identifies from detection by the government).

jurisdiction: 
Fifth Circuit

ILLEGAL RE-ENTRY - SUFFICIENT EVIDENCE

United States v. Hernandez-Lopez, __ F.Supp.2d __, 2007 WL 2428219 (W.D. Tex. Aug. 23, 2007) (defendant cannot be convicted of illegal re-entry following deportation solely upon his own uncorroborated confession).

jurisdiction: 
Lower Courts of Fifth Circuit

CRIM DEF - EXTRADITION

Weilburg v. Shapiro, 488 F.3d 1202 (9th Cir. Jun. 1, 2007) (U.S. Supreme Court's ruling in Heck v. Humphrey, 512 U.S. 477 (1994), does not bar prospective plaintiffs, who have not otherwise successfully challenged their underlying convictions, from bringing section 1983 actions that are based upon a violation of extradition law).

jurisdiction: 
Ninth Circuit

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