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A little sentencing action from SCOTUS

By Douglas A. Berman

As detailed in this post at SCOTUSblog, the Supreme Court made a few sentencing waves today.  Here is how Lyle Denniston summarizes the significant sentencing action:The Supreme Court, in the only new grant on Monday, agreed to spell out the proof that federal prosecutors must offer in order to obtain a more severe punishment for criminal identity theft under a 2004 law.  The granted case is Flores-Figueroa v. U.S. (08-108).  The Justice Department, noting a split in the lower courts on the issue, had supported review. The issue is whether the law enhancing the sentence for identity theft requries proof that an individual knew that the identity card or number he had used belonged to another, actual person ? that is, a knowledge requirement...continue to full post

Full post as published by Sentencing Law and Policy on October 20, 2008 (boomark / email).