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: Defense Newsletter Blog

Bonilla: Double Jeopardy Violation in Identity Theft Charges

By Tim Cone

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In U.S. v. Bonilla, No. 08-112127 (Aug. 18, 2009), the Court ? on plain error review after a guilty plea ? reversed identify theft convictions, because the indictment was multiplicitous and violative of Double Jeopardy.The defendant was convicted under both 18 U.S.C. § 1208(a)(7) and 1028(a)(1), which address access device fraud. The Court found that both of the statutes contain "identical" elements. "This is a clear example of one act violating two distinct statutory provisions and therefore violating the protection against double jeopardy."Turning to the factual record at the defendant?s plea colloquy, the Court found that (without the need to depend on facts outside the record, which the guilty plea would have waived), the same factual information supported both charged offenses...continue to full post

Full post as published by Defense Newsletter Blog on August 18, 2009 (boomark / email).

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