Flores-Figueroa v. United States
Encyclopedia
Flores-Figueroa v. United States, 556 U.S.
(2009), was a decision by the Supreme Court of the United States
, holding that the law enhancing the sentence for identity theft requires proof that an individual knew that the identity card or number he had used belonged to another, actual person. Simply using a Social Security Number is not sufficient connection to another individual.
Ignacio Flores-Figueroa, an illegal alien from Mexico, used a counterfeit Social Security card bearing his real name and a false Social Security number
to obtain employment at a steel plant in East Moline, Illinois
. Though he did not know it, the number belonged to a real person, a minor. The question in the case was whether workers who use false Social Security and alien registration numbers must know that they belong to a real person to be subject to a two-year sentence extension for "aggravated identity theft."
Specifically, the case hinged on whether the adverb "knowingly" applies only to the verb or also to the object in 18 U.S.C. §1028A(a)(1) (which defines aggravated identity theft): "Whoever [...] knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person [...]".
In a unanimous decision delivered by Justice Breyer delivered on May 4, 2009, the Court held that a prosecutor must be able to show that a defendant knew that the identification he used actually belonged to another person.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2009), was a decision by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, holding that the law enhancing the sentence for identity theft requires proof that an individual knew that the identity card or number he had used belonged to another, actual person. Simply using a Social Security Number is not sufficient connection to another individual.
Ignacio Flores-Figueroa, an illegal alien from Mexico, used a counterfeit Social Security card bearing his real name and a false Social Security number
Social Security number
In the United States, a Social Security number is a nine-digit number issued to U.S. citizens, permanent residents, and temporary residents under section 205 of the Social Security Act, codified as . The number is issued to an individual by the Social Security Administration, an independent...
to obtain employment at a steel plant in East Moline, Illinois
East Moline, Illinois
East Moline is a city in Rock Island County, Illinois, United States. The population was 20,333 at the 2000 census. East Moline is one of the five Quad Cities,, along with the cities of Rock Island, Moline, and the Iowa cities of Davenport and Bettendorf. The Quad Cities has a population of 379,690...
. Though he did not know it, the number belonged to a real person, a minor. The question in the case was whether workers who use false Social Security and alien registration numbers must know that they belong to a real person to be subject to a two-year sentence extension for "aggravated identity theft."
Specifically, the case hinged on whether the adverb "knowingly" applies only to the verb or also to the object in 18 U.S.C. §1028A(a)(1) (which defines aggravated identity theft): "Whoever [...] knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person [...]".
In a unanimous decision delivered by Justice Breyer delivered on May 4, 2009, the Court held that a prosecutor must be able to show that a defendant knew that the identification he used actually belonged to another person.