United States v. Jimenez

HOWARD, Circuit Judge.

Jose Jimenez was convicted of misappropriating the identities of two people long dead. He raises two challenges, one relating to all the charges and the other only to the two counts of aggravated identity theft. First, Jimenez argues that certain evidence admitted at trial should have been excluded for want of relevance or because it was unduly prejudicial. Second, he claims that “person” in the statute defining aggravated identity theft refers only to the living. In the alternative, he argues that the statute is sufficiently ambiguous to require reversal under the rule…