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

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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.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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