Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Flores-Figueroa v. United States

  • Oral Argument heard on February 25, 2009.
  • Issue: Can a defendant be convicted of “aggravated identity theft” under 18 U.S.C. § 1028(a)(1) when he used a false means of identification without knowing it belonged to another person?
  • Background: In 2000, Ignacio Flores-Figueroa, a Mexican citizen, used a fake social security number and resident alien card to work at a steel company in Illinois. These documents bore an assumed name and the social security and alien registration numbers did not belong to a real person. Six years later, Flores-Figueroa acquired new counterfeit cards, and this time the numbers belonged to a real person. Flores-Figueroa claims he was unaware of this.

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