Literalism vs. lenity in a case on the scope of federal identity theft

Literalism vs. lenity in a case on the scope of federal identity theft

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The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” On Monday, the Supreme Court will consider the reach of this statute in Dubin v. United States.

As background, petitioner David Dubin was convicted of health care fraud — an enumerated felony. Dubin was the managing partner of a psychological services … Read the rest