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· 9/6/2013

United States v. Christopher Spears

Citations

  • 729 F.3d 753
  • 2013 WL 4774514
  • 2013 U.S. App. LEXIS 18649

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that “it is possible to ‘possess’ a [means of identification] without committing it to paper”
  • warning, in interpreting the statutory language “another person,” that the government’s reading would “require a mandatory two-year consecutive sentence every time a tax-return preparer claims an improper deduction”
  • describing an interpretation of the statute that would cover “every time a tax-return preparer claims an improper deduction”
  • finding the phrase “another person” as used in an identity-theft statute, 18 U.S.C. § 1028A, to be ambiguous and interpreting the phrase to mean, not “every person other than the defendant,” but “a person whose information has been misappropriated”
  • “identity theft” occurs when someone's “iden- tity has been stolen or misappropriated”

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Cudahy, Posner, Flaum, Kanne, Rovner, Wood, Williams, Sykes, Tinder, Hamilton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.