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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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