ILNews

7th Circuit affirms in part man’s convictions for producing fake documents

Back to TopCommentsE-mailPrintBookmark and Share

There is enough evidence to support two of the three convictions of an East Chicago man stemming from his making and selling various counterfeit documents, but photocopies in his possession cannot support his conviction of unlawful possession of five or more false identification documents.

Christopher Spears was sentenced to 34 months imprisonment and three years of supervised release after being found guilty at trial of fraud during an attempted purchase of firearms, aggravated identity theft, producing false identification documents, possession of false identity documents with unlawful intent, and possession of an instrument designed to make a forged security. On appeal, he only challenges the aggravated identity theft, producing false identification documents, and possession of false identity documents convictions.

Spears sold Tirsah Payne a fraudulent handgun-carry permit that contained her actual identification information. Payne could not lawfully possess a gun. When Payne used the fake permit to attempt to buy a gun, the store became suspicious and reported it to the authorities. This led to Spears’ arrest and discovery of other fake documents.

In United States of America v. Christopher Spears, 11-1683, the 7th Circuit affirmed the conviction of aggravated identity theft. Spears argued that it couldn’t be identity theft if he used Payne’s actual information. His conduct falls within the literal terms of the statute because he “knowingly transfer[ed] … without lawful authority, a means of identification of another person” during or in relation to a predicate felony. His conviction of fraud during an attempted purchase of firearms relates to Payne’s attempt to buy a gun.

The judges affirmed his conviction of producing a false identification document, as the fake driver’s license underlying this count is sufficiently realistic that a reasonable jury could conclude that it appeared to be issued by the state of Indiana.

His conviction of unlawful possession of five or more false identification documents was reversed because, of the six pieces of evidence introduced to support this charge, only one would qualify. Two were photocopies of alleged fake driver’s licenses and three others were so clearly unprofessional that they do not appear to be issued by the state, the court held.

The judges remanded for resentencing.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

ADVERTISEMENT