Supreme Court of the United States · Official docket →
Manuel Enrique Santana v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-11930 · judgment June 25, 2018
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eleventh Circuit decision below.
Question presented
The federal aggravated identity theft statute imposes an additional mandatory two-year prison sentence on anyone who “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person” during and in relation to specified felony offenses. 18 U.S.C. § 1028A(a)(1). Under the statute, “means of identification” is defined as “any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual.” Id. § 1028(d)(7) (emphasis added). There is an acknowledged conflict among the courts of appeals as to whether a defendant’s use of a person’s name—be it typed or handwritten—constitutes the “use[]” of a “means of identification” under the aggravated identity theft statute. The question presented is: Whether the use of a name, without more, constitutes the use of a “means of identification of another person” under 18 U.S.C. § 1028A.
Counsel of record
For petitioner
Andrew John Pincus
Mayer Brown LLP
For respondent
Noel John Francisco
Jones Day
Proceedings
- Apr 01 2019Petition DENIED.
- Mar 13 2019DISTRIBUTED for Conference of 3/29/2019.
- Mar 12 2019Reply of petitioner Manuel Enrique Santana filed. (Distributed)
- Feb 25 2019Brief of respondent United States in opposition filed.
- Jan 07 2019Motion to extend the time to file a response is granted and the time is further extended to and including February 25, 2019.
- Jan 03 2019Motion to extend the time to file a response from January 25, 2019 to February 25, 2019, submitted to The Clerk.
- Dec 19 2018Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2019.
- Dec 18 2018Motion to extend the time to file a response from December 26, 2018 to January 25, 2019, submitted to The Clerk.
- Nov 21 2018Petition for a writ of certiorari filed. (Response due December 26, 2018)
- Sep 18 2018Application (18A273) granted by Justice Thomas extending the time to file until November 22, 2018.
- Sep 14 2018Application (18A273) to extend the time to file a petition for a writ of certiorari from September 23, 2018 to November 22, 2018, submitted to Justice Thomas.