The U.S. Supreme Court released its decision this morning in Flores-Figueroa v. United States, No. 08-108, holding that to convict a defendant of aggravated identity theft under 18 U.S.C. § 1028A(a)(1) the government must prove that the defendant “knew that the means of identification at issue belonged to another person. The government had argued that it did not need to prove that the defendant knew this.
A preliminary read of the decision makes me think it’s a victory for defendants (including immigrants), but a more detailed discussion is to come….
To read the 9-0 decision, authored by Justice Breyer (with concurrences by Justices Scalia and Alito), click here.