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U.S. v. Lee, No. 09-10126 (4-28-10) (D. Nelson with Farris and Bea). The defendant was charged with fraud in connection with a false identification conspiracy. The defendant got a driver's license using a fake tax I.D. number. The district court suppressed the driver's license because the government official that gave it to the defendant did not know it was forged at the time, and he would have to for a conspiracy. This was reversed by the 9th, stating that a defendant can use an innocent or unknowing person to effectuate the fraud. This was done here. The official that produces the document that is false need not know it was fake at the time.

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