No. 20-7359

Karen Gagarin v. United States

Lower Court: Ninth Circuit
Docketed: 2021-03-08
Status: Denied
Type: IFP
IFP
Tags: circuit-split consent criminal-law criminal-sentencing felony-violation identity-theft means-of-identification statutory-interpretation supreme-court
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Privacy
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Does 'another person' in the aggravated identity theft statute include someone who consented to the felonious use of her identifying information?

Question Presented (OCR Extract)

QUESTION PRESENTED The aggravated identity theft statute imposes a mandatory consecutive sentence of minimum two years for “[w]hoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person. .. .” 18 U.S.C. § 1028A(a)(1). The question presented, on which the courts of appeals are split, is: does “another person” include someone who consented to the felonious use of her identifying information? i

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-17
Reply of petitioner Karen Gagarin filed.(Distributed)
2021-05-07
Brief of respondent United States of America in opposition filed.
2021-04-01
Motion to extend the time to file a response is granted and the time is extended to and including May 7, 2021.
2021-03-31
Motion to extend the time to file a response from April 7, 2021 to May 7, 2021, submitted to The Clerk.
2021-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2021)

Attorneys

Karen Gagarin
Carmen SmarandoiuThe Federal Public Defender for the Northern District of California, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent