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Post by jeffolie on May 4, 2009 10:25:39 GMT -6
Bad US Supreme Court decision on illegals This US Supreme Court case is unfortunate. The legal theory is good but the court held on its sword and demanded that the illegal have 'knowledge' that the identity was false. It makes the presumption of knowledge unacceptable. What a shame. This was a very convenient prosecution tactic that now will be much more difficult to prove. How do you prove what an illegal is thinking? ======================================================================== WASHINGTON (Reuters) - An illegal immigrant who uses false identification papers must know they belonged to another person to be convicted of identity theft, the U.S. Supreme Court ruled on Monday. The high court's unanimous ruling was a victory for Ignacio Flores-Figueroa, a Mexican illegal immigrant who used false identification to get a job at a steel plant in Illinois. He was convicted of aggravated identify theft, a law adopted in 2004 that carries a mandatory two-year prison term. The law has been increasingly used by the federal government to charge some of those arrested in raids at work sites that employ illegal immigrants. In the high court's opinion, Justice Stephen Breyer said the law required that prosecutors show that the defendant knew the counterfeit identification belonged to another person. www.reuters.com/article/domesticNews/idUSTRE54343K20090504
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Post by graybeard on May 5, 2009 7:55:48 GMT -6
Looks like Obama already has his liberal court.
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