No. 18-6198

Carlos Rafael Acosta-Joaquin v. United States

Lower Court: First Circuit
Docketed: 2018-10-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 42-usc-408(a)(7)(B) criminal-intent criminal-law criminal-procedure due-process false-representation federal-criminal-law identity-theft social-security-fraud social-security-number statutory-interpretation
Key Terms:
SocialSecurity
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Is a defendant guilty of social-security-fraud under 42-usc-408(a)(7)(B)

Question Presented (OCR Extract)

QUESTION PRESENTED Is a defendant guilty of social security fraud pursuant to 42 U.S.C. §408(a)(7)(B) — which prohibits “falsely represent[ing] a number to be the social security account number assigned ... to him or to another person, when in fact such number is not the social security account number assigned ... to him or to such other person” — where the defendant accurately represents that number to be the social security number of that other person, whose identity he was using? 1 Petitioner, Carlos Rafael Acosta-Joaquin, respectfully prays that a writ of certiorari issue to review the judgment and opinion of the First Circuit Court of Appeals entered in this proceeding on July 2, 2018. OPINION BELOW The decision of the First Circuit, United States v. Acosta-Joaquin, 894 F.3d 60 (1st Cir. 2018), appears in the

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-10
Waiver of right of respondent United States to respond filed.
2018-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)

Attorneys

Carlos Rafael Acosta-Joaquin
Tina Schneider — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent