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Twice in One day

By Melody Evans and Kirk Redmond

All right, we don't post anything for a week, then twice in one day. But this really caught my attention: the Supreme Court granted cert on the circuit split regarding identity theft. From SCOTUSBlog:The issue is whether 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 ? that is, a knowledge requirement. The Circuit Courts have split 3-3 on the issue. The dispute centers on the meaning of the word ?knowingly? in the 2004 statute.The case is Flores-Figueroa, from the 8th Circuit (ala Postville, Iowa) and here is the SCOTUS-wiki link. One would think that this would cause some problems for DOJ to pursue any Postville-type raids based on identity theft accusations.continue to full post

Full post as published by Kansas Federal Defender on October 20, 2008 (boomark / email).