Legal Opinion

United States v. Herrera-Martinez

Court of Appeals for the First Circuit

Decided April 30, 2008No. 07-1363PublishedCited by 5 opinions

1Opinion of the Court

HOWARD, Circuit Judge.

Elsa Odina Herrera-Martinez (“Herrera”) was convicted by a jury of three counts stemming from her use of personal information, including a Social Security number, that did not belong to her in order to secure subsidized housing under a federal program. She maintains that she cannot be guilty of these offenses because her behavior does not constitute a crime under the three statutes at issue. We do not read the statutes as she does, and we affirm.

I. Facts

We rehearse the facts in the light most favorable to the jury’s verdict. United States v. Girouard, 521 F.3d 110, 114…

2Cases cited26 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  3. United States v. Cecil Dwayne Evans, Arnold Gene Tate, and Charles Edward Gent, Jr.Court of Appeals for the Fifth Circuit · 1978
  4. United States v. CouncilmanCourt of Appeals for the First Circuit · 2005
  5. United States v. George E. Girard, Jr., Paul A. LambertCourt of Appeals for the Second Circuit · 1979

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3Cited by5 opinions

  1. United States v. Osama AyeshCourt of Appeals for the Fourth Circuit · 2012
  2. United States v. PersichilliCourt of Appeals for the First Circuit · 2010
  3. In Re: Chicago Board Options Exchange Volatility Index Manipulation Antitrust LitigationDistrict Court, N.D. Illinois · 2019
  4. United States v. Boyrie-LaboyCourt of Appeals for the First Circuit · 2024
  5. United States v. RichardsonCourt of Appeals for the First Circuit · 2008

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