United States v. Beachem

ORDER DENYING DEFENDANT’S MOTION TO DISMISS COUNTS 4 AND 6

PECHMAN, District Judge.

This matter comes before the Court on Defendant’s Motion to Dismiss Counts 4 and 6 (Dkt. No. 21). At issue before the Court is the correct interpretation of 18 U.S.C. § 1028A (“the statute”). Having considered Defendant’s Motion, Plaintiffs Response (Dkt. No. 23), and all other pertinent papers and documents associated with this motion, the Court finds that “knowingly,” as used in the statute, applies to “another person,” as used in 18 U.S.C. § 1028A(a)(1) and requires a finding that the Defendant knew that the…