Was Vance Entitled To Acquittal for Online Internet-based Aggravated Identity Theft

QUESTION PRESENTED FOR REVIEW Question I. Was Vance Entitled To Acquittal for Online Internet-based Aggravated Identity Theft where it was not shown this Internet transaction in Count 3 was done by Vance nor in relation to one of the enumerated offenses? The appears to be a conflict between the Court of Appeals for the Ninth Circuit and the Court of Appeals for the Sixth Circuit as to the Sufficiency of Evidence in Online Internet Transactions to Establish the Identity of the Offender. See United States v. Alexander, 48 F. 3°4 1477 (CA 9 1995), contra United States vy. Adam Vance, __ F.3d. __ (6"" Cir. 2020). Question II. Was Vance Entitled To Acquittal for Online Internet-based Access Device Fraud, Count 1, and Aggravated Identity Theft , Counts 2 and 3, 18 USC Sec. 1028 A As No Rational Trier Of Fact Could Find The Elements Of The Crime Beyond A Reasonable Doubt where it was not shown that Vance’s conduct “affected interstate commerce” but it was only shown the banks involved had operations in other states and systems of interstate communication? 2 LIST OF ALL