No. 19-8364

Adam C. Vance v. United States

Lower Court: Sixth Circuit
Docketed: 2020-04-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-device-fraud aggravated-identity-theft criminal-procedure identity-theft internet-transactions interstate-commerce reasonable-doubt sufficiency-of-evidence united-states-v-alexander united-states-v-vance
Latest Conference: 2020-05-21
Question Presented (from Petition)

Was Vance Entitled To Acquittal for Online Internet -based Aggravated Identity Theft where it was not shown this Internet transaction in Count 3 was done by Vance nor in relation to one of the enumerated offenses?

The appears to be a conflict between the Court of Appeals for the Ninth Circuit and the Court of Appeals for the Sixth Circuit as to the Sufficiency of Evidence in Online Internet Transacti ons to Establish the Identity of the Offender. See United States v. Alexander , 48 F. 3rd 1477 (CA 9 1995) , contra United Stat es v. Adam Vance, ___ F.3d. ___ (6th Cir. 2020) .

Was Vance Entitled To Acquittal for Online Internet -based Access Device Fraud, Count 1, and Aggravated Identity Theft , Counts 2 and 3, 18 USC Sec. 1028 A As No Rational Trier Of Fact Could Find The Elements Of The Crime Beyond A Reasonable Doubt where it was not shown that Vance's conduct "affected interstate commerce" but it was only shown the banks involved had operations in other states and systems of interstate communication?

Question Presented (AI Summary)

Was Vance Entitled To Acquittal for Online Internet-based Aggravated Identity Theft

Docket Entries

2020-05-26
Petition DENIED.
2020-05-06
DISTRIBUTED for Conference of 5/21/2020.
2020-04-30
Waiver of right of respondent United States to respond filed.
2020-04-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 27, 2020)

Attorneys

Adam Vance
Michael Martin Losavio — Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent