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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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