Whether 18 U.S.C. § 1028A permits conviction for consensual use of one's own identifying information when the statute requires use 'without lawful authority' of another person's identification

No question identified. : Durw’s timely petition for panel rehearing and rehearing en banc. Copies of those orders are attached to this application. 2. This Court has jurisdiction under 28 U.S.C. § 1254(1). 3. The case arose out of an investigation into a loose network of alleged Nigerian fraudsters and ultimately resulted in a 252-count indictment brought against 80 defendants. Two George Egwumba and Mr. Princewill Arinze Duru—went to trial and their appeals were resolved together. At issue here is Count 252, which charged that between January 19, 2017, and May 19, 2017, Mr. Duru and three co-defendants aided and abetted aggravated identity theft in violation of 18 U.S.C. § 1028A and 18 U.S.C. § 2(a) in relation to a conspiracy to commit wire fraud, bank fraud, and mail fraud. 4. The issues on appeal, as relevant here, include: (a) Whether 18 U.S.C. § 1028(A) permits conviction for a defendant’s consensual use of his own information when §1028(A) requires the use “without lawful authority, [of] a means of identification of another person;” (b) whether a bank account issued in the defendant’s own name and which is not directly used in the underlying offense satisfies Dubin’s requirement of playing a “central role” in and was at the “crux of what makes the underlying offense criminal;” and (c) whether “victim” as used in U.S.S.G. § 2B1.1(b)(2)(A)(i)’s “involved 10 victims or more” enhancement is “genuinely susceptible to multiple reasonable meanings,” Kisor v. Wilkie, 588 U.S. 558, 581 (2019), such that Application Note 4(E) permits conviction where the record fails to show 10 or more victims who sustained actual loss. 5. Applicant respectfully requests a 30-day extension of time to file a petition for a writ of certiorari seeking review of the Court of Appeals’ ruling and submits that there is good cause for granting the request. First, Applicant’s counsel of record requires additional time to consult with Applicant. Counsel has repeatedly requested a legal call to discuss the petition with her client, but Mr. Duru’s counselor is out of the office, and counsel has not received any response. Mr. Duru has instructed counsel to seek an extension if possible. And second, counsel has been and is heavily engaged with other ongoing appellate matters, including a petition for rehearing en banc in the U.S. Court of Appeals for the Ninth Circuit, in Confederated Tribes of the Colville Reservation, et al. v. Teck Cominco Metals LTD (Case No. 245565), filed November 3, 2025; an opening brief in the U.S. Court of Appeals for the Ninth Circuit, in Exxon Mobil Corporation, et al. v. AECOM Energy & Construction, Inc., et al. (Case No. 25-4597), filed November 13, 2025; an oral argument in the U.S. Court of Appeals for the Second Circuit, in United States Securities and Exchange Commission v. Rogas (Case No. 25-35), held on November 19, 2025; a petition for writ of certiorari in the U.S. Supreme Court, in United States of America v. Vincent Garcia (on review from the Ninth Circuit, Case No. 22-10291), filed November 21, 2025; an answering brief in the California Court of Appeal, First Appellate District, in Chodniewicz, et al. v. Art.com, et al. (Case No. A172889), due on December 1, 2025; and an opening brief in the California Court of Appeal, First Appellate District, in Fox Paine & Company, LLC, et al. v. Twin City Fire Insurance Company, et al. (Case No. A173480), due on December 22, 2025. These pre-existing deadlines make it difficult to prepare Mr. Duru’s petition for a writ of certiorari without the requested extension. 6. Applicant’s counsel sought the government’s position on this request Applicant has not yet heard back from the government. CONCLUSION For the foregoing reasons, Applicant respectfully requests that the Court extend the time within which to file a petition for a writ of certiorari in this matter up to and including January 2, 2026. Respectfully submitted on this 24th day of November, 2025. Ls/ Anne M. Voigts Pillsbu