United States v. Nicolas Manueles Montejo

Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge NIEMEYER and Judge GREGORY concurred.

WIDENER, Circuit Judge.

In this appeal, we construe, for the first time in the context present here, 18 U.S.C. § 1028A(a)(1), the federal aggravated-identity-theft statute. Prior to Nicolas Montejo’s conviction on this charge at a bench trial, Montejo pleaded guilty to two predicate offenses, immigration fraud and Social Security fraud, on the basis of stipulations that he knowingly and unlawfully possessed and used false Alien Registration and Social Security cards. Montejo…