United States v. Wilson, No. 11-5057 (2d Cir. 2013)
Annotate this CaseDefendant was convicted by a jury of charges stemming from an identity theft scheme. At issue on appeal was defendant's conviction under 42 U.S.C. 408(a)(7)(A), which criminalized the use of social security numbers assigned on the basis of false information. Defendant's social security number was assigned in 1972, on the basis of information the government conceded, for purposes of this case, was entirely accurate. Therefore, the court found that the government failed to prove an element of the offense, namely, that the social security number was assigned on the basis of false information. Therefore, the court affirmed defendant's convictions on all charges except as to Count Five, which the court reversed and vacated, remanding for resentencing. Defendant's remaining arguments on appeal were rejected by the court in a separate summary order.
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