United States v. Estrada-Sanchez

ORDER ON MOTIONS TO DISMISS COUNT FIVE OF THE INDICTMENT

JOHN A. WOODCOCK, JR., District Judge.

Facing a charge of aggravated identity theft under 18 U.S.C. § 1028A, Marco Estrada-Sanchez moves to dismiss the charge, arguing that he did not commit an enumerated felony under the statute and that the Government has failed to provide evidence that he knew the false identification belonged to another person. The Court concludes that the possession of an illegal permanent resident card is an enumerated felony under § 1028A(c) and that the knowledge requirement of § 1028A(a)(l) does not extend to the…