No. 18-7720
Howard Webber v. United States
Response WaivedIFP
Tags: circuit-split consent consent-defense criminal-law due-process federal-criminal-procedure federal-statute identity-theft mens-rea statutory-interpretation
Latest Conference:
2019-03-15
Question Presented (from Petition)
Can a defendant commit aggravated identity theft in violation of 18 U.S.C. § 1028A by using another person's identifying information with that person's consent, as the majority of circuits, including the Ninth Circuit, have held? Or is consent a defense to aggravated identity theft, as the Seventh Circuit held in United States v. Spears, 729 F.3d 753 (7th Cir. 2013) (en banc)?
Question Presented (AI Summary)
Can consent be a defense to aggravated identity theft under 18 U.S.C. § 1028A?
Docket Entries
2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-12
Waiver of right of respondent United States to respond filed.
2019-01-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)
Attorneys
Howard Webber
Elizabeth Meyer Falk — Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent