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US v. Luke, 09-4543

By FindLaw Staff on December 08, 2010 | Last updated on March 21, 2019

Conviction for identity theft related offenses

US v. Luke, 09-4543, concerned a challenge to a conviction of defendant for conspiracy to commit identification document fraud in violation of 18 U.S.C. section 1028(f) and aggravated identity theft in violation of 18 U.S.C. section 1028A.


In affirming the conviction, the court held that defendant's argument that the district court erred in denying his motion for judgment of acquittal on the ground that his conduct was not prohibited by the statutes of conviction is without merit as defendant committed all sorts of fraud against the government, and the acts he conspired to commit fall precisely within the parameters of sections 1028(a)(2) and (a)(4).

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