Plain-English summary
Court: aggravated identity theft applies when the ID use is central to the crime
The Court held that the federal aggravated identity theft statute (§1028A) applies only when the defendant’s use of another person’s identification is at the crux of the underlying felony — not whenever the ID use is merely incidental. The judgment of the Fifth Circuit was vacated and the case remanded.
Why this matters
The decision limits the reach of the aggravated identity theft statute. People who used someone else’s identifying information in ways that were not central to their underlying crimes may avoid the separate, mandatory two-year sentence §1028A previously imposed in many cases. This reduces automatic enhanced penalties in prosecutions involving identity information that is peripheral to the main crime.
Who may feel it
- Defendants charged under 18 U.S.C. §1028A
- Federal prosecutors and U.S. Attorneys
- Defense attorneys in fraud and identity-related cases
- Victims of identity misuse (indirectly)
- Federal judges deciding sentencing and charge instructions
Key questions
- Does §1028A apply whenever a defendant uses another person’s identifying information in committing a listed felony, even if that use is peripheral?