No. 18-6198

Carlos Rafael Acosta-Joaquin v. United States

Lower Court: First Circuit
Docketed: 2018-10-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-usc-408(a)(7)(B) criminal-intent criminal-law criminal-procedure due-process false-representation federal-criminal-law identity-theft social-security-fraud social-security-number statutory-interpretation
Latest Conference: 2018-11-02
Question Presented (from Petition)

Is a defendant guilty of social security fraud pursuant to 42 U.S.C. § 408(a)(7)(B) – which prohibits "falsely represent[ing] a number to be the social security account number assigned … to him or to another person, when in fact such number is not the social security account number assigned … to him or to such other person" – where the defendant accurately represents that number to be the social security number of that other person, whose identity he was using?

Question Presented (AI Summary)

Is a defendant guilty of social-security-fraud under 42-usc-408(a)(7)(B)

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-10
Waiver of right of respondent United States to respond filed.
2018-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)

Attorneys

Carlos Rafael Acosta-Joaquin
Tina Schneider — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent