Interesting case. Good for the Supremes.
I’ll let the AP tell you about it:
The Supreme Court appeared poised Wednesday to rule that undocumented immigrants who use phony Social Security numbers to get work should not be considered identity thieves, even if those numbers belong to real people.
The court seemed likely to reject the government’s argument that, under a 2004 law that metes out a mandatory two-year prison term for “aggravated identity theft,” prosecutors do not have to offer any proof that a defendant knew the identification belonged to someone else and was not simply made up.
Should someone get two extra years in prison “if it just so happens that the number you picked out of the air belongs to someone else?” Chief Justice John Roberts asked Justice Department lawyer Toby Heytens…
The rest is here.
Here’s Nina Totenberg’s NPR report on the same case.
(Chapeau tip to Howard Bashman at How Appealing for the tip.)