Legal Opinion

United States v. Godin

Court of Appeals for the First Circuit

Decided July 18, 2008No. 07-2332PublishedCited by 61 opinions

1Opinion of the Court

TASHIMA, Senior Circuit Judge.

Defendant-Appellant Cori A. Godin challenges her conviction for aggravated identity theft under 18 U.S.C. § 1028A(a)(l). The statute adds a mandatory two-year term of imprisonment to that otherwise provided for certain enumerated felonies if, “during and in relation to” the felony, the perpetrator “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” 18 U.S.C. § 1028A(a)(l). The question before this court is how far the “knowingly” mens rea requirement extends. Must the defendant know that the means of…

2Cases cited32 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Neder v. United StatesSupreme Court of the United States · 1999
  3. Morissette v. United StatesSupreme Court of the United States · 1952
  4. United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
  5. Liparota v. United StatesSupreme Court of the United States · 1985

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3Cited by61 opinions

  1. Flores-Figueroa v. United StatesSupreme Court of the United States · 2009
  2. Federal Home Loan Bank of Bost v. Moody's CorporationCourt of Appeals for the First Circuit · 2016
  3. United States v. ValerioCourt of Appeals for the First Circuit · 2012
  4. United States v. BennettCourt of Appeals for the First Circuit · 2017
  5. United States v. Dávila-FélixCourt of Appeals for the First Circuit · 2011

56 more not listed; retrieve them via the Exa API.

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